Already a member? Sign in.

Username/Email:
Password:
 
  Not a member? Sign up now
Posted on 24 Jul 2009
Q.

Applying for a new B Visitor Visa (with H1B overstay record)

Hi

I worked in San Jose, CA from Dec06-Nov08 under a new H1B visa that expires in 2010. In mid-Nov 08, I lost my job. I was told since my I-94 then expires on Sep 10, my status wasn't Unlawful Entry. I filed to change status from H1 to B visa, cleared all my stuffs, and left US on Jan 09. Overall, I overstayed 2 months.

I have been employed in Indonesia since Mar 09 and my petition to change status was turned down. I wish to to apply for a new B visa to visit my girlfriend in the US. My questions are:
1) Does my H1 overstay record make it difficult to get a B visa? If so, what do you recommend I do during the application and interview for the visa?
2) On an unrelated note, if in the future I get another H1B job, do I have to go through the lottery/subject to new annual cap again?

User's Location: Indonesia
Category: B2 Visa (Visitor Visa)
Posted on 24 Jul 2009
A.
Want to see the lawyer's answer? Become a member today!
 
 
 
   Already a paid member? Sign in now.
Got a specific question? Ask your question for only $14.95!
User_thumb_31_Photo_James_Mayock

James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

Browse answers by topic

EMPLOYMENT-BASED GREEN CARD

H1B VISA (WORK VISA)

L1 VISA (WORK VISA)

F1 VISA (STUDENT VISA)

J1 VISA (STUDENT VISA)

B1 VISA (BUSINESS VISA)

B2 VISA (VISITOR VISA)

FAMILY-BASED GREEN CARD

K1 VISA (FIANCEE VISA, FIANCE VISA)

    K3 VISA (MARRIAGE VISA)

      US CITIZENSHIP AND NATURALIZATION

        GREEN CARD LOTTERY (DV LOTTERY)

          ALL OTHER US VISAS

          GENERAL IMMIGRATION

          James R. Mayock's Answers on Employment-based Green Card: PERM
          User_thumb_31_Photo_James_Mayock
          James R. Mayock
          Immigration Lawyer
          220 Sansome St, 12th Floor
          San Francisco, CA 94104
          (415) 765-5111
          www.emvisa.com
           802 answers
          Feedback from users:
          Satisfied 
           (74)
          Neutral 
           (23)
          Unsatisfied 
           (0)
           21 phone consultations
          Feedback from users:
          Excellent 
           (19)
          Good 
           (1)
          Average 
           (0)
          Poor 
           (1)
          Terrible 
           (0)
           100% Immigration Law
          Nonimmigrant Visas Adjustment of Status
          Employment-based Visas U.S. Citizenship
          Family-based Visas Labor Certification
          Green Cards Expedited Processing
          Reentry Permits Waivers
          AC21 NAFTA Applications
          H,L,F,J Visas Global Transfers