| Q. |
AOS TO H1 weird case (part 2)
so you think i am h1 status by oct 1, 2008 because my COS was approved and i got new i-94 inspite of the gap in i-94..
i asked other lawyers, some think my h1 status is not valid eventhough i got new i-94.. some do think it is valid..
User's Location:
houston, Texas, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
In general, the Form I-94 will control the duration and type of your visa status. If at a later point in time, the USCIS determines that it has made a mistake, then it can revoke or rescind your status. Unless and until that happens, however, I believe your current I-94 control.
Why don't you take a trip to Ciudad Juarez and apply for your H-1B visa there (as a third country national)? Upon reentry, you definitely will have H-1B status. I would not do that before 09/20/08 however, if your H-1B start date is 10/01/08. |
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Maurice C. Inman, Jr.
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
i plan to do visa stamping at my home country after oct 1, 2008...
i believe during interview with consul i will just give him latest i-94
that came from USCIS, right?
will he still check if there was gap with my i-94, if i only gave him
the oct 1, 2008 to sep 2011 i-94? |
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| A. |
The consular officer will check to see if there is a gap in your status. If the gap is less than 180 days, you should be fine. If it is more than 180 days, you may be subject to a three-year bar to reentry, and you would need a waiver, which is difficult to qualify for.
How long would any potential gap be (in your I-94 forms)? |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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