> thanks for the reply crg!
> what do you mean the change of status was filled in a timely manner. I
> recall waiting a little over a month before filing it because i was
> first trying to find a job but definitely before the visa expiration
> date.
> would that still be fine.
>
> thanks
>
>
> crg14624 wrote in message
> news:<34$267177$1827415$1100741785@britishexpats.com>...
> > > I got laid off in july 2002. My H1-B visa expired on October 2nd
> > > 2002.
> > > before that i applied for a change of status (in august or
> > > september,
> > > i can't recall). I left the US on october 28th. I haven't received
> > > any
> > > response from the INS except for the file number notice. However,
> > > before I left I sent the INS a letter with a copy of the notice
> > > asking
> > > them to drop the application because I am leaving. I never
> > > received
> > > anything from them after that (my friend who still lives in the
> > > same
> > > address told me he never received anything from them).
> > >
> > > Was this considered an unlawful stay? am I subject to the ban?
> > > I have to apply for a B1 visa soon.
> > >
> > > Thanks!
> > >
> > > Bido
> >
> > If the extension or change of status request was filed in a timely
> > manner, and was nonfrivolous then the person did not fall out of
> > status.
> > Leaving before a decision would not cause an overstay. You wouldn't
> > be
> > subject to a ban for an overstay of less than six months anyway. A
> > visa
> > would be voided for an overstay of even one day, but it sounds like
> > you
> > didn't violate or fall out of status.
You won't have any automatic bar from applying for admission, or a visa.
If you apply for an actual B-1/B-2 visa, you may wish to answer "yes" to
the question about violating the terms of a previous visit, and noting
that you filed your change of status request a couple weeks late and
then departed prior to the decision.
H1-B visa holders are generally supposed to depart in a reasonable
period of time following the layoff. The rule of thumb is around 10 to
15 days, but that is not in writing anywhere. Once could argue that 30
days is reasonable as well.
Even filing the change of status request after the expiration of the I-
94 wouldn't trigger a bar unless the person then stays more that 6
months from the expiration of the I-94. The COS would be denied, and
the visa would be cancelled 222(g) as an overstay, but there would still
be no bar if the person departed within 180 days. They would be subject
to arrest during the 180 days though.
--
Posted via http://britishexpats.com |