Status

C

ckjaison

New Member
I came to U S on J1 visa and I worked for my employer one year. Then I quit that job and applied for an H1 through another employer, during this time my J1 was valid for another 6 more months. But my petiton for H1 was denied and I re-appealed. After some time my employer withdrew my petion for H1. Now I'm planning to go back to India and marry my girl friend who has file for green card and going through initial process(I 140). If we get marry before she files I 485, will I be also able to get green card.

After the first denial did I become out of status even though I re-appealed with in 30 days ?
What happens if the employer with draw the petition ?
If I go back to India and apply with my wife for the green card are they gonna put bar on my return; she is a registered nurse and one hospital is sponsoring her to get the green card ?
Is there anything that I can do to waive the bar ?

Thanking you in Advance
 
Originally posted by ckjaison
I came to U S on J1 visa and I worked for my employer one year. Then I quit that job and applied for an H1 through another employer, during this time my J1 was valid for another 6 more months. But my petiton for H1 was denied and I re-appealed. After some time my employer withdrew my petion for H1. Now I'm planning to go back to India and marry my girl friend who has file for green card and going through initial process(I 140). If we get marry before she files I 485, will I be also able to get green card.

After the first denial did I become out of status even though I re-appealed with in 30 days ?
What happens if the employer with draw the petition ?
If I go back to India and apply with my wife for the green card are they gonna put bar on my return; she is a registered nurse and one hospital is sponsoring her to get the green card ?
Is there anything that I can do to waive the bar ?

Thanking you in Advance
Click to expand...


J1 is a sponsorship based visa. When you lose the sponsorship by quitting your job without another legal status supporting you, you are out of status. J1 is just like H1 at this point. If you didn't not get approved H1 status when you quitted your J1 job, you have gap of status, that's probably why CIS didn't approve your H-1B. No matter your appeal is successful or not, you already had out of status time in US. If you cannot convince CIS with the explanation of your out of status issue, you cannot get other statuses.

If you stay in US leaglly for more than 6 months, you will be banned for three years not entering US. You have to explain why you had out of status experience in US while you file I-485 upon your wife's application. Your situation is tough but you can try. The sooner you back to India, the better for your I-485 app.

Moona
 
Re: Re: Status

Originally posted by Moona
J1 is a sponsorship based visa. When you lose the sponsorship by quitting your job without another legal status supporting you, you are out of status. J1 is just like H1 at this point. If you didn't not get approved H1 status when you quitted your J1 job, you have gap of status, that's probably why CIS didn't approve your H-1B. No matter your appeal is successful or not, you already had out of status time in US. If you cannot convince CIS with the explanation of your out of status issue, you cannot get other statuses.

If you stay in US leaglly for more than 6 months, you will be banned for three years not entering US. You have to explain why you had out of status experience in US while you file I-485 upon your wife's application. Your situation is tough but you can try. The sooner you back to India, the better for your I-485 app.

Moona
Click to expand...

Sorry, there is a typo. I mean if you stay in US illegally for more than six months, you will be banned for three years not entering US.
 
You must log in or register to reply here.
Top