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  • unlawfull?

    My B1 visa expired on jan 30. My future employer applied to change my status to L1, but due to extraordinary circumstances, the petition filed 12 days late. A few days ago INS sent a notice requesting more evidence, but mentioned that I'm (as a beneficiary) not eligible to change status in the U.S., due to late filing.
    My question is the following: Was I out of status for only 12 days from January 30 (when my B1 status expired) till February 10 (when the petition for change of status filed), or have I been out of status continuously since January 30?

  • #2
    My B1 visa expired on jan 30. My future employer applied to change my status to L1, but due to extraordinary circumstances, the petition filed 12 days late. A few days ago INS sent a notice requesting more evidence, but mentioned that I'm (as a beneficiary) not eligible to change status in the U.S., due to late filing.
    My question is the following: Was I out of status for only 12 days from January 30 (when my B1 status expired) till February 10 (when the petition for change of status filed), or have I been out of status continuously since January 30?

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    • #3
      You are still out of status and if your L1 is denied then you will be subject to bar of 3 to 10 years, as the case may be depending on length of your out of status stay. In any case, you present visa stamped on your passport is automatically will be revoked. In case you would like to travel again, you will need fresh Visa.
      Good luck.

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      • #4
        Thanks Umesh.

        What if my L1 petition will be approved? than I have to leave U.S. before I reach 180 days of unlawfull stay, and then re-enter with my new L1 visa? Can I have any difficulties at my home consulate, or at the port of entry?

        The length of the filing delay was due to the following:
        We sent the petition in time, pefore my B1 status expired, but the petition contained mistakes, and was returned for corrections. It took a week to receive that notice and to refile the petiton, but unfortunately by that time my B1 expired.
        Is there any reason to change my eligbility to change my status, and to continue my lawfull presence until my petition is approved because:

        - The delay was due to extraordinary circumstances beyond my control;

        - The length of the delay was reasonable;

        - I have not done anything else to violate my nonimmigrant status (such as work without INS approval);

        - I am still a nonimmigrant (This means that you I'm not trying to become a permanent resident of the United States. ; and

        - I am not in formal proceedings to remove (deport) you from the country.

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        • #5
          I dont know who is right here ...but an Immigration Attorney told me that the time while waiting for AOS is not unlawfull presence, even if AOS is denied later on...

          According to him, the Unlawfull presence only starts when the AOS is denied.

          Some other people here say that if the AOS is denied, then the unlawfull presence started when your Visa expired.

          I dont know what to believe anymore???

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          • #6
            Yes, its very difficult to get an answer to that question...

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            • #7
              To Umesh: If you have been in a legal status when your AOS was applied then in case AOS is rejected then you will be considered illegal from the date of rejection of AOS petition. If you were out of status when you filed for AOS then time will start from the date of your being out of status.
              Good luck.

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              • #8
                is there any chance to make INS reconsider my eligibility to change my status, and fill the 12 days unlawful gap, because the delay was reasonable etc.?

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                • #9
                  To Confused:
                  If your petition was received prior to expiry of your Visa in Immigration Office, then you should be okay. In case there were some descrepencies in the petition and they sent petition back for corrections, then it is okay, you are not to be considered out of status.
                  Good luck.

                  Comment


                  • #10
                    Umesh Passi, go away!

                    Comment


                    • #11
                      thank you Umesh.
                      I hope I'm not considered out of status, because INS didn't said so. They only said that I'm not eligible to change of status because of late filing. But I don't know, If I wasn't out of status then I would be eligible to change my status would I?

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