Out of status!!! Do I need to leave and then re-enter

K

kaneha

Registered Users (C)
I was on H1-B and got married to a USC and then resigned from the H1B sponsoring company.
But accidentally the mariage also fell apart before even the interview.

I am out of status now for almost more then 6 months.

If I get a company to get my H1B sponsered, will I have to go out of US and get my visa stamped or can I still remain in this country,

please advise.
 
kaneha said:
I was on H1-B and got married to a USC and then resigned from the H1B sponsoring company.
But accidentally the mariage also fell apart before even the interview.

I am out of status now for almost more then 6 months.

If I get a company to get my H1B sponsered, will I have to go out of US and get my visa stamped or can I still remain in this country,

please advise.
Click to expand...

Hi Kaneha, I am also in the same situation, I think your petition got filed, it means your are not completed out of statu. Its better to contact an attorney to move forward. Try to consulate an attorney at
http://consultattorney.visapro.com/
 
If petition will be denied

You will be deemed out of status for the whole period of pending petition since the end of your previous authorized stay. If it will be less then 180 days might be OK for Future adjustment.
You either apply another petition the is 100% approvable or better re-entry befor 18o days laps.
I am not a lawyer, take my words on your own descretion.
 
confused-need help

[I will appreaciate if anyone can share their experience with me.
I came to the US on B2 visa in 2002, I got married to a US citizen who filed I-130 and I-485 for me in 2003. In 2004 the application was denied, within the 30 days of appeal grace , I file an appeal on the decision. I have since divorced my ex-husband because of unfaithfullness. The issues is that I still have the appeal pending but I got a job and the employer is ready to file H1-B, If H1-B is approved, the lawyer said I will have to go to a consular office outside the US to get H-1B stamp on my passport. Can anyone advice on the best US consular office to use and the risks involved if any.
I have a MS degree from a US university.
 
You must log in or register to reply here.
Top