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Thread: overstayed

  1. #1
    Guest
    I entered US as student in 1990. After graduation in 1995, I got a job and had an H-1 issued from INS. However, I didn't go back to the original country to change the status. It is a big mistake that I did not know much about the immigration law at the time. After talked to a lawyer in 1997, I found out that I was barred to reenter to US. After that, I missed the 245i. It is another mistake. I was overstay in US since after graduation. I have been in US for more than 12 year now. I don't have any criminal record. Except marrying to a USC, Is there any legal way to fix this mess? Thanks

  2. #2
    Guest
    I entered US as student in 1990. After graduation in 1995, I got a job and had an H-1 issued from INS. However, I didn't go back to the original country to change the status. It is a big mistake that I did not know much about the immigration law at the time. After talked to a lawyer in 1997, I found out that I was barred to reenter to US. After that, I missed the 245i. It is another mistake. I was overstay in US since after graduation. I have been in US for more than 12 year now. I don't have any criminal record. Except marrying to a USC, Is there any legal way to fix this mess? Thanks

  3. #3
    Guest
    I AM EXACTLY IN THE SAME POSITION AS YOU!!!! I am not committed to anyone so I obviously can't get married to a USC. If 245i is extended in the first quarter of this new year, I was advised to file for it.
    Hmmm....if you have 'extraordinary abilities', you may be able to petition yourself. By this I mean like a special researcher, chemist, etc. Research on it and see if you qualify.
    Otherwise, I don't really know what to tell you. My only reason for responding was to tell you that you're NOT ALONE! I too am finding a way to go around my overstaying. One big advantage we have is the fact that we entered the US legally.
    Let me know if you find a solution!

  4. #4
    Guest
    Obviously, I did not know the consequence of not changing the status from F1 to H1. As I said, it is a big mistake.

  5. #5
    Guest
    U have to pay a price for ur mistake now. Talk to a lawyer for guaidance, make sure talk to at least three lawyers to reach a final conclusion.

  6. #6
    Guest
    To "??": John could not change status from within the US because he had gotten out-of-status. Yet, his fault was that he did not get back to his home country to get an H-1B visa in his passport -- back in 1995 the 3/10-years bars (now effective) did not apply, hence the consular officer would not deny him the H-1B visa just because he would have been illegally for a while in the US.

  7. #7
    Guest
    I am in the same situation. I came here on a F-1 visa and overstayed after my graduation in 2000. I have a H1-B approved, but have to go back to my home country to get the visa.
    My lawyer says that the bars don't apply to overstay on student visas who live US on their own. Is this true? Any help in this matter would be greatly appreciated.
    thanks

  8. #8
    Guest
    john I'd say get married. i am in worse then u.. seem like all the benificial law seem to come at the wrong time. been here 16 years. i was a lil kid when i came here and i am tying the knot..the dream act , life act the 245 all passed by.. do what u got to do.. hope u r not in the special reg group..

  9. #9
    Guest
    Let me get some fact straight. You said, you came on F-1, graduated and found a job, and changed your status to H-1. Any significant gaps in between?

    If the answer is no, I don't see when you have ever been out of status. Remember visa and status are two totally different things. Who said you have to enter the country on a H-1 visa in order to have a valid H-1 status? Either you have omitted important facts, or you're just incriminating yourself.

  10. #10
    Guest
    I totally agree with CoolDown. If INS gave you H1status and have not left the country, you do not even a visa. You need a visa to enter the US, you do not need a visa to be in the US. Your status has been changed by the service right here.

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