H1B - stayed in US after visa/I-94 expiry

[arup1]

Hi,

I am scheduled to travel in L1A visa and my wife would be going to the local US Consulate to get L2 visa stamped soon. She earlier (before marriage) worked in US on H1B which was valid till 09-Jan-2009. While entering US (at that time), her I-94 end date was also given as 09-Jan-2009. She was getting regular salary from her company till June-2008, after which, her company, stopped salary (contract ended). From July-2008 onwards, she started to look for another job. A couple of companies initiated the process to take her, but nothing materialised. Ultimately, on 08-Jan-2009, she got the final intimation from one organization (who initiated the process to take her) that they would not like to pursue further in this context. Immediately, she started to close all her things (house, car, bank and other logistics) and ultimately left USA on 20-Jan-2009 (i.e. 10 days after both I-94 & H1B visa expired on 09-Jan-2009). Since then, she did not travel to US again.

Given the above background, what are her chances to get L2 visa this time?

Thanks in advance.

[arup1]

Friends, any advice please?

[t75]

She was both out of status and illegally present. She does not appear to have a ban but whether she will receive a visa is anyone's guess since she has demonstrated that she will not comply with US immigration rules.

[arup1]

Thanks. Just curious to know ... has anyone ever got an US visa stamped again after going out of status / illegally present on earlier US visits? In my case (illustrated above), my wife has apparently gone out of status during Jan 2009 and she is going to apply for L2 visa now (i.e. after more than 4 years).

[rohang]

arup1,

If we go by information you have provided, she was out of status for more than 6 months. On H1b as soon as your employer stops paying you, you are out of status (I94 doesn't matter in this case) .

This is not a short period, and you should not take this lightly.

[t75]

Requirements for H1B and GC are different. What is your goal.

[Attorney_25]

The visa should be issued. Certainly being properly prepared helps, but this is not a situation of extreme disregard for the laws. Most likely she was never properly terminated by the petitioning company and she probably was doing as much as she could to maintain her status. Go with counsel from a qualified immigration attorney over anything you read on the internet.