elpeter84
08-22-2007, 11:15 PM
Hi good people,
I came to the States about 4 years ago and stayed here beyond my authorized stay on the J1 visa that was originally given to me for only several months. I was able to enroll in the community college, received my AA degree and then I got accepted in the University of California. This summer I was proud to receive Bachelor's Degree in Economics as well as I was able to renew my passport through russianpassportservice.com here in America.
Now I am planning to apply for H1B petition next year by April. I know that even if my petition gets approved here, I will still have to travel to St. Petersburg to receive a new visa in my passport. The attorney at law here in California advised that if I leave the USA I will not be subject to bar for 2 reasons:
1. By Law, my D/S on I 94 is so-called "duration of stay" states "Aliens admitted D/S. Nonimmignants admitted D/S who leave the United States while the E/S or C/S application is pending are not subject to section 222(g) of the Act, if no status violation was found that would have resulted in the termination of the period of stay authorized by the Attorney General. In addition, D/S nonimmigrants whose C/S or E/S applications were denied for reasons other than a status violation are not subject to section 222(g) of the Act." Simply, the petition can not be denied even though person overstays his or her visa.
2. What' interesting is that H1B visa is the only "dual intent" US visa, which can not be denied based on any immigration reasons if the applicant received H1B petition.
If there are any people who had a similar situation or any certified attorney that practiced such cases please let me know.
Best and thanks for reading.
I came to the States about 4 years ago and stayed here beyond my authorized stay on the J1 visa that was originally given to me for only several months. I was able to enroll in the community college, received my AA degree and then I got accepted in the University of California. This summer I was proud to receive Bachelor's Degree in Economics as well as I was able to renew my passport through russianpassportservice.com here in America.
Now I am planning to apply for H1B petition next year by April. I know that even if my petition gets approved here, I will still have to travel to St. Petersburg to receive a new visa in my passport. The attorney at law here in California advised that if I leave the USA I will not be subject to bar for 2 reasons:
1. By Law, my D/S on I 94 is so-called "duration of stay" states "Aliens admitted D/S. Nonimmignants admitted D/S who leave the United States while the E/S or C/S application is pending are not subject to section 222(g) of the Act, if no status violation was found that would have resulted in the termination of the period of stay authorized by the Attorney General. In addition, D/S nonimmigrants whose C/S or E/S applications were denied for reasons other than a status violation are not subject to section 222(g) of the Act." Simply, the petition can not be denied even though person overstays his or her visa.
2. What' interesting is that H1B visa is the only "dual intent" US visa, which can not be denied based on any immigration reasons if the applicant received H1B petition.
If there are any people who had a similar situation or any certified attorney that practiced such cases please let me know.
Best and thanks for reading.