> thanks crg!
> in march 2003 (5 months after i left the us) I landed in toronto as a
> canadian landed immigrant. i changed my flight in boston on my way to
> toronto from rome. I wasn't supposed to but my direct flight to
> toronto from rome was overbooked so they put me on a different one
> that transits through boston. i told them that i don't have a visa to
> enter the us so they checked with the us embassy in rome on the spot
> and told me that you don't need a transit visa. initially i thought
> transit in the us is like europe, meaning that i don't have to go
> through the customs but when i got to the us i realized that i have to
> go through the immigration. After understanding the situation, the us
> customs officer asked an Alitalia guy to escort me to a separate area
> (he gave him my passport and ticket). 20 minutes later they called my
> name, another us customs officer asked me if i have been in the us
> before, i told her yes however, i had a new passport with no us
> stamps, she asked me where is the old one i told her i don't have it
> anymore. she said she will have to check something to see if they can
> let me transit! 20 minutes later she came back and said that it is
> fine. i didn't get my passport back until i got to canada.
> do you think i should tell this story at the consulate ?
>
>
>
> crg14624 wrote in message
> news:<34$267177$1829247$1100797198@britishexpats.com>...
> > > 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.
I don't think the transit thing is relevant unless you were
fingerprinted or served some papers. Don't deny it if they ask you
about it, but I don't think there's anywhere to list it either. What
kind of passport do you travel on?
--
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