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  • new h-5 visa

    Hi there,
    If you visitor status expires 30th may 2005 and the bill pending for the new h5 a and b visa is passed into law will you be eligible to file for h5 visa?

  • #2
    Hi there,
    If you visitor status expires 30th may 2005 and the bill pending for the new h5 a and b visa is passed into law will you be eligible to file for h5 visa?

    Comment


    • #3
      I am neither a lawyer, nor an expert in immigration law. However, it is my understanding that you cannot receive a new non-immigrant status (H-5b) while you remain in America, as you are currently here illegally. You would be eligible to apply from your own country, and, assuming that your total period of illegal stay in the United States is less than 180 days, you would not be inadmissible (as per the 3 and 10 year bars for overstay). Perhaps others can advise further.

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