Strange case - H1 Transfer-plz help soon-- Out of status

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Immigration_guy

Registered Users (C)
Hi,
I came to USA in May 2001,I recently called INS STATUS LINE and talked to the immigration information officer about my h1 visa status. She said my h1 was approved on so and so date, she said nothing whether its revoked i.e cancelled or not. She said it will be revoked after the last date of visa or approved date for that matter. So I decided to get my H1 transfer as soon as possible. But my employer had said they had informed INS that they dont need my services in MAY 2001 itself and I was not told about this to till date. I was surprised with this bcause INS LINE says visa not cancelled.

Now my question to u guys is
1) How much will it take for H1 transfer including premium processing fees.. I heard its 3000 ( i.e ins fee + premium + attorney) Can someone give me exact figures plzzzzzzzz....

2) Will i get H1 transfer approval WITH new I-94 and extention of stay and change of status..... what are my chances.... i dont have pay stubs with me as the company never paid me till date.. ......

3) How can i exactly determine what my status is and whether my visa is cancelled or not

4). If INS had started counting 180-day "overstay" for 3-year bar, when would they have most likely started the countdown?

5) What are my chances of leaving the country and coming back again say on f1 or h1? Will i be deported from the airport? I read that "Not maintaining your status makes you deportable but you do not begin to accumulate overstay until INS becomes aware of your illegal presence. " Since INS STATUS LINE says my visa is not cancelled, does it mean I have not started my overstay period.
Plz answer this question for me without fail..........

Plz reply as soon as possible...... What are my chances.... If you want to know more about my case plz read this post which i had posted couple of months back....

http://boards.immigration.com/showthread.php?threadid=70813&goto=newpost

Thanks in advance....
 
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Senior Members(Jaxen etc) plz help

Hi,
Senior member plz advise. Will i get a ban if i leave usa now. Also whats the rule for ban or deportation. I mean i will not get visa at the consulate where i apply if iam in that bar period i.e will the consulate know I had overstayed or is it like i will get the visa but i wont be allowed to enter at the airport. Plz answer this question for me bcause INS status line says visa not cancelled, so do i have the chance of re entering again on different visa?

Plz help.
 
your status is not only determined by what is reported to INS but also by the proof you submit, especially paystubs. If you cannot provide paystubs for the past 2 months, it will be very difficult to get H1 transfer approval.

The only surest way to find out whether you have incurred the bans or whether your H1 approval will come is- by applying.

You have not given I94 details, what "so and so date" is etc... Read this forum and learn about the process...
 
I94 AND VISA EXPIRES ON 30 SEPT 2003

Hi Jaxen,
Thanks for the reply. My I-94 and visa both expire on 30 Sept 2003. I stressed my company ppl and got the information that they had sent letter for cancelling my visa in May 2001 and they havent recieved any letter from INS approving cancellation or something like that. Perhaps thats the reason the INS STATUS LINE says visa not revoked.

1) Now what are my chances of getting into USA again on another visa say F1 once I leave the country now. Will i be deported from the airport ? Or in the FIRST PLACE is it like the consulate ppl in India will know already that i Had overstayed and deny me the visa. How does it work.??
Plzzzzzzzzzzzzzz let me know.

Whats the best solution to this problem. Shall i leave the country immediately and try for another visa from my home country rather than applying for transfer which can be risky since they will come to know i am out of status. Plz advise soon.

Thanks in advance.
 
JAXEN,JIM Plzzzzzzzz reply

Hi,
Plz reply to my post. I have valid I-94 and visa which expire on sept 30 2003. You had asked for this information inorder to answer my question earlier..Also I came to know of two different aspects 1) Out of status 2) Overstay.

Now in my case I feel I am out of status/unlawful presence and I can come back to usa on another visa either h1 or f1 etc.

But Overstay is more dangerous and it mite result in bar of 3-10 yrs.

Plz correct me if I am wrong. This is what I had read somewhere

UNLAWFUL PRESENCE (Section 301, INA212): Defined as any time spent in the U.S. by aliens after they have violated the terms and conditions of any form of non-immigrant status. Unlawful status ends with departure from the U.S. or reinstatement by I.N.S.

OVERSTAY (Section 301, INA 222(g)): IIRAIRA says that the visas of those aliens who have overstayed are considered to be voided and all subsequent non-immigrant visas must be applied for in the country of nationality. IIRAIRA prevents readmission as follows:

1. Three year Bar: An alien unlawfully present for more than 180 days but less than one year after April 1, 1997 is subject to a three year bar against readmission.
2. Ten year Bar: An alien unlawfully present for more than one year after April 1, 1997 will be subject to a ten year bar against readmission.

Thanks. Plllzzzzzzzzzzzzzzzz reply Jaxen or Jim.
 
I have already answered your Q. I will repeat it. 180 days start from the date of termination, if you don not have paystubs from May 2001 then you are past 180 days.
Only way to find out is applying for a new visa.
If you apply from here, then you have to produce evidence of status.
If you apply from your home country you have a chance of US consulate not requiring paystubs. Copy of I94/ H1 approval document should be sufficient to prove your status. They are not likely to inquire with INS whether there is a H1 cancellation notice pending with INS from May 2001.
Travel to home country is the only way to reset such unlawful presence.
 
One final Question

Hi Jaxen,
Thank you so much for your reply. One final question is if i go back and I get new visa from my home country say f1 or h1(assuming that i get one) then will i have any problems at the port of entry? I have got admission in a university and I have an I-20. What do u suggest go back and apply for new visa or try for h1 transfer by staying over here? just ur suggestion is needed.

Let me know.
 
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Hi Immigration_guy,


I would suggest, don't leave USA until your immigration issues are resolved. As long as you are in US, you can face any kind of immigration issue and resolve them. But once you leave the country, you will not have any control and you may not come back to US, since getting H1/F1 stamping is very difficulty now days in INDIA. So I sugest you not to leave the country(U.S), until you resolve your issues. But I know lot of people exactly similar to your case, who got H1s here and got stamped. So you don't worry ...... go ahead and apply for your new H1. Sure you will get it.

Good luck,...............
 
Senior member(Jaxen etc) what do u think is the best option

HI,
Thanks for your reply mallimalli. It gave me some courage to hang on. But i want to clarify this with an attorney to know if its possible or not. Bcause if i apply and INS comes to know iam out of status from long time and say wont approve my h1 then what i can do and things like that. The most important thing iam worried about is the bar period as i had mentioned in my previous posting. I have valid I-94 and visa but I have been out of status for long time now. I heard that bar period applies to OVERSTAY i.e persons who overstay there visa or I-94.

Plz let me know whoever reads this whats the best option.

Thanks in advance.
 
Can anyone reply??

Hi Friends,
Can someone reply to this post. What shall i do, go back and appy for new f1 or apply for h1 transfer over here.


Plz reply.
 
Apply for an H1B while staying in US. There can be 3 possible outcomes:

Best: The chances are very slim. The INS may approve your new H1B and send the notice of approval with the I-94 stub.

Good: The INS may determine that you need Consular applroval, in which case you have to carry your approval to your home post and re-enter on the new VISA.( In this case you would not get the
I-94 stub with the approval). Even this is also OK, because the consulate will give you the Visa stamping without problem.

Worst: The INS may raise an RFE for proof of continued employment and since you are not in a positon to produce the pay stubs, my deny the H1B approval.

There appears to be only one choice for you. To apply for an H1B
while staying in US.

If on the other hand you intend to move to F-1 visa, I think you can do that also while staying here. But I am not sure about this.


Raju
 
same case

hello
I am in the same position as mr immigartion guy ,but i have paystubs until jan 2003.
My employer had filed for my h1 revokal (in december 2002),I found a new employer who is going to file my h1 transfer with in a week.what happens to my status if my old h1 is revoked before i get the approval of my new h1?
If i get a lin no am i in status?

How much time does it take for a revokal of h1.

please advise me
thank you
 
H1 APPROVED BUT FOR ONE YEAR ONLY

HI,
As you have seen from my previous posts how desperate i was about my status, but now everything seems to be good. I have got my h1 approval with i-94. The guy who applied for me informed me about it. The only strange thing I came across is that he says its approved for a period of rougly 1 year which sounds WIERD to me. Can anyone suggest what is it about bcause H1 is usually for 3 yrs. I just got my approval and it expires in june/july 2004. Please respond. Any links on this topic will be really appreciated.

Thanks in advance. P.S Thanks a lot MALLIMALLI AND RAJU... I guess the best thing is to apply and stay over here rather than leaving the country.
 
H1 validity

H1 end date depends on the LCA end date used for H1 application.

Check the LCA end date.

Hope this helps

hyd2002
 
I-94 DATE ISSUE

Hi,
As i said earlier i got new h1b and extention of status. I got an I-94 too. But the part of i94 which is to be kept for my own records has a date mentioned which is june2004 but the one which is to be stapled to my pp doesnt mention any date... While leaving i have to return both my prev i-94 and this latest one too right... but how will they come to know the expiry date of my latest i-94 which is in june 2004...

Any advises are welcome...

Thanks in advance...
 
senior members..plz advice

Hi jaxen, etc,
Can u tell me about this date stuff on my I94... why there is no date on portion to be stapled on my pp??

Thanks in advance...
 
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