Days of unlawful presence after job loss (H1B withdrawal)

aru_s

By aru_s,
in Deportation/Removal

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aru_s Newbie

aru_s

Posted
Posted
 
Hi Forum!

 

 

My H1-B was withdrawn on Feb 4, 2013 and the LCA was withdrawn on Feb 6, 2013. The last day of my work in the office was Jan 25th 2013. They said during the time of lay off that they won't notice the immigration dept for 2 weeks.

 

I stayed there unemployed searching for jobs for 177 days (As per H1B withdrawn date - 4th Feb). My I-94 is still valid (Oct '14) and so is my visa stamping on my passport (September '14). Now I want to go back there for PhD with a new F1 visa. 

 

Will my unlawful presence on H1B (?) be a bar on the entry? Some said that the POE(/Immigration guys) won't count unlawful presence if it's a layoff on H1B. Is it true? Will I get a 3 yrs ban on my entry? Please help me

 

Thank you very much. Appreciate your time & help.

 

 

Best,

Aru

 

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omshiv Advanced Member

omshiv

Posted
Posted

Hmm...Unlawful presence is different than Out of Status..and I guess you have been Out of Status (since you did not overstay past I-94)

 

Im not sure exactly how you'll get affected on this...your COS to F1 might get denied or having issues during Visa stamping or even barred from entry.

 

Better to consult an Attorney like Murthy Law firm.

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jairichi Advanced Member

jairichi

Posted
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From the day you were laid off your unlawful presence starts. Actually you have crossed the limit of >180 days of unlawful presence which will eventually result in a 3 year ban to enter US. Before you even think of US talk to a good immigration attorney.

I am sorry. Yours was not unlawful presence but out of status.

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pontevecchio Advanced Member

pontevecchio

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Unlawful status is not in the picture here. Out of status is in the picture. The issue is getting the F1 visa as they are aware you did everything to stay here. If it is a renowned Institute there may be a chance. By all means discuss your situation with a Lawyer. Once you enter lawfully with the F1 visa the previous OOS is not material.

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omshiv Advanced Member

omshiv

Posted
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Thanks goodfellas! Appreciate your answers.

Could you please provide me a contact # for Immigration lawyer? How much do they charge for a consultation like this?

Is there any USA-immigration lawyer in Mumbai, India?

 

Thnx!

Aru

 

Do contact Murthy law firm..you can schedule a phone consultation (phone and email is on the contact page of this site) at their US office or even in their Chennai office.

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JoeF Advanced Member

JoeF

Posted
Posted

Thanks goodfellas! Appreciate your answers.

Could you please provide me a contact # for Immigration lawyer? How much do they charge for a consultation like this?

Is there any USA-immigration lawyer in Mumbai, India?

 

Thnx!

Aru

 

The phone number for the Murthy law office is at the top of each page of this forum.

They do have a presence in India.

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