H1 expired while in PERM Process

[kenrone28]

My H1 expired on August 15th wile in the perm process for three months (6th yr h1). I am trying to get my financial situation cleared up but that will not be possible until September 17th that is when my ticket is ready for. What are the consequences for overstaying 30 days.

 

Also I have a daughter who was born here 4 years ago while I was on H1, can I get a hardship waiver to stay to provide for her?

 

I have obtained an I20 and been admitted to College but was advised to go back home to get an F1 stamp and return. Is this possible, or should find employment and obtain a visitors visa and wait a year.

[pontevecchio]

As long as you are leaving by September,17 there should be no problem. Jus Solis does not give you any rights unfortunately. Once PERM is pending 365 days or an I-140 is approved come back in H1 status.

[omshiv]

Your Citizen daughter wouldnt be able to help you stay here...Once the PERM is approved, ask the employer to file your I-140 in PP and you'll get H1 extension based on the approved I-140.