munish_kalra
New Member
Hi!
I am in USA for last 3 years on J1 visa. In between I visited India and when I came back,at the port of entry the officer stamped a particular date in stead of duration of status on my I-94 which is the normal procedure for J1. That date was over two years back. I was not aware of this situation till I applied for change of status from J1 to H1, the attorney said that my I94 is expired so I am staying unlawfully in sates.But they explained the situation in my H1 petition and INS has approved my change of status from J1 to H1 but now the attorney say I can stay in US butif I want to visit my country ,the US consulate may refuse the visa and may impose a 10-year bar to re-enter US as I have stayed beyond the period on my I94 for more than 1 year. What should I do? Is there any way out from this situation and will my dependent be also subjected to this 10 year bar and will I never be able to visit my country if I plan to stay here.
Please suggest.
thanks
with regards
I am in USA for last 3 years on J1 visa. In between I visited India and when I came back,at the port of entry the officer stamped a particular date in stead of duration of status on my I-94 which is the normal procedure for J1. That date was over two years back. I was not aware of this situation till I applied for change of status from J1 to H1, the attorney said that my I94 is expired so I am staying unlawfully in sates.But they explained the situation in my H1 petition and INS has approved my change of status from J1 to H1 but now the attorney say I can stay in US butif I want to visit my country ,the US consulate may refuse the visa and may impose a 10-year bar to re-enter US as I have stayed beyond the period on my I94 for more than 1 year. What should I do? Is there any way out from this situation and will my dependent be also subjected to this 10 year bar and will I never be able to visit my country if I plan to stay here.
Please suggest.
thanks
with regards