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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1 (permalink)  
Old 05-20-2008, 04:27 PM
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lelica32 will become famous soon enough
Default Need urgent help, B2 Visa + PERM + I-140

To all with experience in this metter:

I'm here on B2 Visa with my family. I have a PERM, and my I-140 EB3 is pending since August 20, 2007. My priority date is April 30, 2007. My B2 expires on June 26. We would like to stay here and no to go back. Who can help us with a good advice. What can we do to stay here ??

lelica

Last edited by lelica32; 05-20-2008 at 05:29 PM. Reason: new titel
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  #2 (permalink)  
Old 05-20-2008, 04:31 PM
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Make sure you do not over stay your visa or you will become ineligible for adjustment of status. Also there will be a lot of other leagal hasels!! Please find a good lawyer and take their advice.
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  #3 (permalink)  
Old 05-20-2008, 04:42 PM
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My advise:
1. Do not overstay unless you file an extension.
2. take advise from a good lawyer
3. Once you file immigrant petition (I140), except for few exceptions, only temporary visa you can come/stay in US are dual intent ones (H1 or L1 or O1)
Can your employer hire you on H1? that may be an option.
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  #4 (permalink)  
Old 05-20-2008, 04:44 PM
vxg vxg is offline
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Also, please rename the thread to a more relevant title so that more people can look at it and respond.
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  #5 (permalink)  
Old 05-20-2008, 05:20 PM
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Overstaying on a B1 Visa, or for that matter overstaying is in itself illegal. Nobody will be able to give you any advise on this forum. You will have to go back to your home country asap. If you like the USA and are considering moving here, find out the legal avenues to come back. Do it the right way!!. Not the illegal way!!

employer sponsorship- either on H1, L1 or if you have any other expertise or on a sports visa (I do not know all the visa types). Looks like you already have an offer of employment. So come back when they process your visa thru the consulate.

Last edited by amitjoey; 05-20-2008 at 05:22 PM.
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  #6 (permalink)  
Old 05-20-2008, 05:28 PM
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Default

Quote:
Originally Posted by vxg View Post
Also, please rename the thread to a more relevant title so that more people can look at it and respond.
I'v renamed the thread but it's didn't work, I don't know why?
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  #7 (permalink)  
Old 05-20-2008, 05:31 PM
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Quote:
Originally Posted by lelica32 View Post
To all with experience in this metter:

I'm here on B2 Visa with my family. I have a PERM, and my I-140 EB3 is pending since August 20, 2007. My priority date is April 30, 2007. My B2 expires on June 26. We would like to stay here and no to go back. Who can help us with a good advice. What can we do to stay here ??

lelica
1. Is B2 dual intend visa...? find out if you are not sure.
2. If not, its difficult to get the extension as you have intention to become immigrant.

Talk to good attorney.
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  #8 (permalink)  
Old 05-20-2008, 05:33 PM
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Default

Quote:
Originally Posted by snathan View Post
1. Is B2 dual intend visa...?
2. If not, its difficult to get the extension as you have intention to become immigrant.

Talk to good attorney.
B2 is not a dual intend Visa. I talk with my lawyer and he knows no possibilities to stay here.
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  #9 (permalink)  
Old 05-20-2008, 05:44 PM
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Quote:
Originally Posted by lelica32 View Post
B2 is not a dual intend Visa. I talk with my lawyer and he knows no possibilities to stay here.
I suggest you to go back to your country and be patient till your GC is done or get H1B. If you over stay, it will ruin GC and chances of getting H1b in the future. The choice is yours.

Take care
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #10 (permalink)  
Old 05-20-2008, 06:00 PM
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Default

Quote:
Originally Posted by kondur_007 View Post
My advise:
1. Do not overstay unless you file an extension.
2. take advise from a good lawyer
3. Once you file immigrant petition (I140), except for few exceptions, only temporary visa you can come/stay in US are dual intent ones (H1 or L1 or O1)
Can your employer hire you on H1? that may be an option.
The Employer can hire me on H1, but now is to late to file.
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  #11 (permalink)  
Old 05-20-2008, 06:10 PM
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Good point; I forgot the cap issue...
In that case, I would agree with your attorney. I really do not see a way to stay legally and illegal stay will ban you from ever getting a green card.
Safest thing would be to go back to home country and work on H visa for the next year.
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  #12 (permalink)  
Old 05-20-2008, 06:48 PM
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Default Goodluck.

You could become a student. Apply to a university and get an F1 Visa.

If you overstay on B2 you will have major issues with your GC
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  #13 (permalink)  
Old 05-20-2008, 07:08 PM
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Nov-04
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Default Go and wait in your home country

Quote:
Originally Posted by lelica32 View Post
The Employer can hire me on H1, but now is to late to file.
Go back Home. Ask your employer to apply for consular notification after I-140 is approved. Get Immigrant Visa Stamped in your home country and come back. This is the safest option for you at this time.
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  #14 (permalink)  
Old 05-20-2008, 07:26 PM
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Quote:
Originally Posted by m306m View Post
You could become a student. Apply to a university and get an F1 Visa.

If you overstay on B2 you will have major issues with your GC
I don't think USCIS would approve her F1 as she had already established her immigrant intent by applying for I-140.

This is what i would suggest.

1) Go back to your home country before June 26 and try to apply for L1 or H1 (from 2010 quota onwards).

2) Check with your attorney if he/she had selected AOS (or) Consular Processing option in I-140 application.

3) If your attorney had selected AOS option in I-140, then once your I-140 is approved, ask your attorney to file "Form I-824 (Application for Action on an Approved Application or Petition)" requesting USCIS to notify the U.S. Consulate in your home country about the approved I-140.

4) If you're successful in getting a L1 or H1, then re-enter US and apply for I-485 when your PD becomes current (This can be done even if you had chosen Consular Processing).

5) If you're unsuccessful in getting a L1 or H1 and unable to gain entry into US, then continue with the CP route when your PD becomes current.

Goodluck with your GC.
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Last edited by americandesi; 05-20-2008 at 08:50 PM.
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  #15 (permalink)  
Old 05-20-2008, 07:36 PM
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I agree completely with americandesi's suggestions...
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