Overstay after H1 visa expires

T

tara_6

Registered Users (C)
Hi guys,
I have been laid off and am not able to get another job, i have applied for canadian immigration in JAN and have got the file number in APRIL,
My USA visa expires on DEC 1st 2002.

1.My questiion is Can i overstay in USA till i get my canadian immigration?
2.And if i overstay will candian conxulate check my visa validity for usa,

Thanks appreicate ur help!!!!
tara
 
why not apply for canadian visitor visa

Why dont your apply for canadian visitor visa or student visa and go there, if you dont want to go to india?. Its better not to violate USA immigration law. INS will never forgive overstay of any visa. It may not be easy getting another visa later.

You can go study french or english in canadian scholl.it will help with immigration process too...
 
canadian consulate does not care if you maintained US status or not. It has no impact on your canadian PR application.
 
Nope. wrong info

Please be careful.
Canadian immigration does care about your status in USA. They want a valid I-94 before they process any of your request at the consulate. That happened to me.

Thanks
 
Thanks guys for u rhelp, I have 2 q's
1. can i be in canada on a visitors visa when my case is being processed in USA.
2. Koray can u share more specific details at to what are my options as my I94 expires on Dec 1.
Appreicate ur help
 
I just got through with my Canada PR process.
I was not asked about any document during the process related to my US visa. It was only at the time of application submission when I had to give copy of passport with H1 stamp.
Also Ray S is right in pointing out that unless you transfer your file to canada once you reach Canada on some visa you wont be able to attend the interview in US.
Most importantly you wont be able to get visitor visa to Canada from US without showing proof that you are currently employed (My friend tried and failed).
What risk you want to take is up to you.
Hope it helps.
BTW you were out of status(illegal stay) roughly 1 month after you were laid off. Visa satmping in your passport till dec 2002 does not mean anything as far as your staying in US is concerned
 
how long did the whole process take u, i am just staying in usa so that i get my canadian immigration and once i get it i want to settle there and good bye to america so i am taking my risks, any suggestions of what i could do as my visa is expiring on dec 1, i am just sstaying with friends till i get to canada thanks appreicate ur help
 
I dont know much, I hope others will comment
A.You can apply for Visitor visa of US before your H1b expires,it will be change of Status from H1b to Visitor and i hope you can stay up to 6 months in US after December( I do not know if the rlues are changed) you should be in Valid H1B status to file for change of status.

B. You can change from H1B to F1 and can study in US

C. try to get Student Visa for Canada

D. Visitor visa for canada may be denied because your canada immigration file is pending, the law says DUAL INTENT but normaly Canada conulate will not approve Visitor Visa application if PR file is pending.
E. if lay off not more than one month, try to find job in USA on H1b by transfer to other company ( i know it is difficult to find job ) but you can ask your friends talk to some company who can immidiatly file for your H1 transfer.
if you have H1b valid till December, do you have Valid I-94 till that time? If yes talk to some good lawyer he may have some other options to suggest you, BUT do NOT try to overstay in USA
 
I had applied around June end 2001. Got file no in Sept 2001. Medicals in May/June 2002 and final letter in Aug 2002. So it took around 13-14 months for the whole process for me. And my interview was waived. (BTW I delayed sending my medical by 1 month so maybe it would have taken only 12 months)
But my friends who applied couple months after me around Aug/Sept 2001 have not received even medical/interview letters till now, so maybe its taking more time now.

If you go back to India you can get your file transffered there, it will take more time but can be done.
Also if you want you can know something about your file status like what has being ddone and when next action is due etc you can order your file through www.caips.ca. It will cost you $30.

Neither canada or US will give to visitor visa in any case. Also if you will try for F1 visa in US you will have to go back to India for stamping (they no longer change your status within US after 9/11).
You can try for Canadian student visa.
Also keep trying for H1 transfer, look for small consulting companies through friends, they might be blood sucking companies but they might keep you afloat.. Couple fo my friends did that and managed.

I really will not like to comment on merits/demerits of overstaying as its your decision to make.

I will be glad to be of any help regarding your Canadian process.
 
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