Fiance visa after H1-B overstay
Dec 16th 2002, 4:38 pm
#1
Guest
Posts: n/a
Fiance visa after H1-B overstay
I have an H1-B visa that will expired on Sep 2003. The company I was
working went bankruptcy in March 2001 and I have been on US since
them. I tried to find another company who could sponsor an H1-b, but
with the current economy situation I could not find a good
opportunity. Now, I am applying for a Fiancé visa but I am scared my
"overstay" can be a problem for the approval.
Anyone knows my chances to be approved based on this situation?
Thank you!
working went bankruptcy in March 2001 and I have been on US since
them. I tried to find another company who could sponsor an H1-b, but
with the current economy situation I could not find a good
opportunity. Now, I am applying for a Fiancé visa but I am scared my
"overstay" can be a problem for the approval.
Anyone knows my chances to be approved based on this situation?
Thank you!
Dec 17th 2002, 2:15 am
#2
Guest
Posts: n/a
Re: Fiance visa after H1-B overstay
Forget the fiance visa - you want to adjust status. Your I-94 probably
allows you to stay until Sept. 2003 and it's a very very grey area of H-1B
law as to whether you are really out of status or not. But let's assume that
you are. Leaving the country would trigger a 10 year ban but overstay is
forgiven for adjusting status.
Therefore you are going to completely forget you ever heard about a fiance
visa, you are going to get married and file to adjust status. Sooner rather
than later is my advise!
Here's a general site on the I-130 process:
http://www.geocities.com/immigration_helpsite/index.htm
Andy.
P.S. You can apply for employment authorization with the adjustment of
status application - you'll find it easier to get a job with one of those
than by trying to find an H-1B sponsor. Contrary to the crap about employers
preferring the "cheap" H-1B labor spouted by anti-immigrant organizations,
H-1B jobs have gone into far more of a decline than jobs for those with work
authorization.
--
I'm not really here - it's just your warped imagination.
"Fabio Flecha" wrote in message
news:[email protected]...
> I have an H1-B visa that will expired on Sep 2003. The company I was
> working went bankruptcy in March 2001 and I have been on US since
> them. I tried to find another company who could sponsor an H1-b, but
> with the current economy situation I could not find a good
> opportunity. Now, I am applying for a Fiancé visa but I am scared my
> "overstay" can be a problem for the approval.
> Anyone knows my chances to be approved based on this situation?
> Thank you!
allows you to stay until Sept. 2003 and it's a very very grey area of H-1B
law as to whether you are really out of status or not. But let's assume that
you are. Leaving the country would trigger a 10 year ban but overstay is
forgiven for adjusting status.
Therefore you are going to completely forget you ever heard about a fiance
visa, you are going to get married and file to adjust status. Sooner rather
than later is my advise!
Here's a general site on the I-130 process:
http://www.geocities.com/immigration_helpsite/index.htm
Andy.
P.S. You can apply for employment authorization with the adjustment of
status application - you'll find it easier to get a job with one of those
than by trying to find an H-1B sponsor. Contrary to the crap about employers
preferring the "cheap" H-1B labor spouted by anti-immigrant organizations,
H-1B jobs have gone into far more of a decline than jobs for those with work
authorization.
--
I'm not really here - it's just your warped imagination.
"Fabio Flecha" wrote in message
news:[email protected]...
> I have an H1-B visa that will expired on Sep 2003. The company I was
> working went bankruptcy in March 2001 and I have been on US since
> them. I tried to find another company who could sponsor an H1-b, but
> with the current economy situation I could not find a good
> opportunity. Now, I am applying for a Fiancé visa but I am scared my
> "overstay" can be a problem for the approval.
> Anyone knows my chances to be approved based on this situation?
> Thank you!
Dec 17th 2002, 5:38 am
#3
Guest
Posts: n/a
Re: Fiance visa after H1-B overstay
Technically you probably meet the 10 year ban requirement, if you
leave....
So, rather than do that, get married and file I-130 / I-485 to adjust
status.
You said fiance visa, so I assume your fiance is a citizen, correct?
Do not leave the US until AFTER you have approved status adjustment with
an I-551 (green card) stamp or card.
Fabio Flecha wrote:
>
> I have an H1-B visa that will expired on Sep 2003. The company I was
> working went bankruptcy in March 2001 and I have been on US since
> them. I tried to find another company who could sponsor an H1-b, but
> with the current economy situation I could not find a good
> opportunity. Now, I am applying for a Fiancé visa but I am scared my
> "overstay" can be a problem for the approval.
> Anyone knows my chances to be approved based on this situation?
> Thank you!
leave....
So, rather than do that, get married and file I-130 / I-485 to adjust
status.
You said fiance visa, so I assume your fiance is a citizen, correct?
Do not leave the US until AFTER you have approved status adjustment with
an I-551 (green card) stamp or card.
Fabio Flecha wrote:
>
> I have an H1-B visa that will expired on Sep 2003. The company I was
> working went bankruptcy in March 2001 and I have been on US since
> them. I tried to find another company who could sponsor an H1-b, but
> with the current economy situation I could not find a good
> opportunity. Now, I am applying for a Fiancé visa but I am scared my
> "overstay" can be a problem for the approval.
> Anyone knows my chances to be approved based on this situation?
> Thank you!
