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Results 1 to 9 of 9

Thread: Mohan or any knowledgeble person

  1. #1
    I am on my 6th year of H1 visa. I have only 2 months left. I had overstayed a visa in 1996. If I apply for new H1 can i be denied? I have an approved petition based on family petition 1997 am I grandfathred under 245i.
    Should I go back and wait and get a new H1 and try again???

  2. #2

  3. #3
    You have overstayed visa, H1B can be issued but you have to go back to stamp it, you will be denied stamp.
    You said you have approved petition and you are grandfthered 245i, respecting your info is true and you are garndfather, why not you apply for AOS under 245I. you preserved the eligiblity and you can get EAD right away.
    I have Question Thu,
    How you say you are grandfather 245I ? are you entered illigally?

  4. #4
    I am on my second H1 but I had overstayed on a B1 visa ib 1997 but later I went and reglarised by getting an H1 in my home country. My company might lay me off. I have a petition which was filed by usc brother in 1997.
    If I go back and wait for a year and then get a new H1 would there be a problem for my previous over stay on my visa.
    With the downturn in economy I will not be able to find an empolyer in short notice and have only two months left on my visa.

  5. #5
    Mohan please reply

  6. #6
    You said you had overstayed and then regularised it as H1. Your brother has sponsored you, but you can not get any benefit right now, because it takes some 15 to 20 years for siblings to get Immigrant Visa. If you will go back to your country, there may be a problem for getting a Visa because your brother has sponsored you already.
    Better try to find some other job sponsorship.

  7. #7
    If I apply for H1 would there be a problem? H1 can be dual intent is that right? If I go back to India and wait for a year and then get a fresh H1 would there be a problem. I have another company who may sponsor me if the economy picks up.

    Please advice

  8. #8
    Dear Mohan,
    I have an approved L1 petition expiring on 31st December 2003.My L1 visa stamp has expired on 26th December 2002.I have to travel to India urgently this week.My 485 is in an advanced stage and may be approved before my return to the US on 5th February 2003. I am planning to get my L1 visa stamped at a consulate in India before my return.In case 485 is approved before my return will I face any problem at POE in the US.I have no ead/ap as my employer continues to be the same who filed my L1 petition and 140.A prompt response would be appreciated considering the urgency of travel.THANKS

  9. #9
    Your Status expired on Dec 26th and you are over stayed just couple of months , you will not have tough time if you will be able to stamp your L1 in consulate.
    You have to appear to get I-485 approved, if you don't go for I-485 approval you should reschedule your interview date.
    there is no provision that I-485 will be approved in your absence. If you receive your Appearance date while you are in INDIA, let someone inform you and you can reschedule your appearence laters, you can schedule your new date with two weeks prior notice by calling or writing to INS.

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