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  • STATUS!!!!

    I came on january 02 2001 with an b1/b2 visa, on june 20th the same year I filed the I-539 to extend my status in U.S.A., before I received a response from INS in regarding my extension process I had an offer to job, I filed de I-129 on december 2001, back in april 2002 I received the denial of my h-1b visa, as you have the right to appeal my attorney filed an I-290b on may 14th, I have not received nothing except a letter that they will take 80 days to process this case and more than 150 days has been passed and I have nothing, my fiance is an h-1b visa holder we are planning to get married really soon, can I change my status to h4? is my satatus legal right now? is there any way to know an stimate of how long takes an appeal?
    thanks!!!!

  • #2
    You have overstayed your permit to stay and technically banned to return and your B1/B2 visa is now invalid.Your change to H4 has to be done at your country US consulate as INS has been very unkind during this time.

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    • #3
      well Bugsy, i DO NOT THINK SHE OVERSTAYED...
      she applied for visa extension before her visaa tourist expeired...then she was waiting to hear from the INS after that..I don't think you can be considered technically illegal while your file is being processed and you are waiting to hear from
      INS... well, that's what I think...does it make sense ????? I might be wrong..

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      • #4
        Logically that's the same that I think. Probably the only way to get a reliable answer is going tho the INS personally.
        Thanks for your opinion aaa!

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        • #5
          Not unless your AOS is in process.If you are waiting for the outcome of your I-130, your illegal days are being counted.

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          • #6
            I'VE NEVER FILED AN I-130 FORM.

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            • #7
              I'm sorry, I-129 right? Still the same. You are here illegally now.

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              • #8
                The time you change from B1/B2 to H4 while in the US with denied and overstayed B1/B2 visa will just cause more problems on your part while being in the US.The only option to have an H4 for you is to do it at your country of origin.But by the time you do that might caused problems since you have overstayed.Wishing you luck anyway.

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                • #9
                  Was your application for B status extension approved or denied? This is the key in determining whether you are in status or not.

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                  • #10
                    My extension of my b1/b2 was approved after I filed the I-129. I received a letter in february 2002 that my status was ok until january 1st 2002.

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                    • #11
                      ...So you are out of status since January 1th...You can not wait for the I-539 reply behind the time you applyed for...Good luck

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                      • #12
                        Because you filed I-129 while in valid B status, and provided that you appealed denial within allowed time frame and did not work without authorization, you continue to remain legally in the US until the decision on the appeal is made.

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