B2 expiry....Help!!
Jan 26th 2003, 5:35 pm
#1
Forum Regular
Thread Starter
Joined: Oct 2002
Posts: 38
B2 expiry....Help!!
Ok so here is my deal. Can someone advise me on what to do.
I arrived in the US on dec 2nd 2001 and have been here on a B2 visa for over 1 year. I applied for an extension of 6 months to take me to the year and was successful, so i have been completely Legal up to dec 2nd 2002.
I then applied for a further 5 months(i know there was little chance but I had to try) and have since received notice that the application was denied and that i had to make immediate arrangements to leave. THey said i had already begun accruing unlawful presence towards the 3 and 10 year bars to admission under section 212(a) (9) (B) (i).....(which by the way can anyone find for me in the never ending pit of laws and regulations the ins has to offer.?). It then goes on to say that if i leave before i accrue 181 days of unlawful presence i will NOT as a result of this denial be subject to the bars. So my question regarding this is ...Am I illegal and subject to deportation cos i am out of status and if i stay until the 181st day are they gonna be pissed? And is it going to be hard for me inthe future if i try to come back?.
The letter also states that i can file a motion to reopen the case as long as i submit new information for reconsideration. Does this mean that if i Buy a flight stating im leaving within the next few months, get records to show im financially stable and get documents to prove i have many ties to the UK and have no intention of staying , are they gonna genuinely reconsider it? And during the time of this application do i go back in status?
The reason i ask this is because im looking for an engineering sponsor and have a lot of contacts who are considering it but I know if i try to apply for an H1-b i will be out of status on my B2 and there for denied.
Can anyone help me out here cos i really dont want to have a knock on the door from INS and get deported. IM in no way planning to stay longer than my 181 days but im just concerned that id be in trouble if caught still here.
Any advice is welcomed
thanks in advance
dave fleming
I arrived in the US on dec 2nd 2001 and have been here on a B2 visa for over 1 year. I applied for an extension of 6 months to take me to the year and was successful, so i have been completely Legal up to dec 2nd 2002.
I then applied for a further 5 months(i know there was little chance but I had to try) and have since received notice that the application was denied and that i had to make immediate arrangements to leave. THey said i had already begun accruing unlawful presence towards the 3 and 10 year bars to admission under section 212(a) (9) (B) (i).....(which by the way can anyone find for me in the never ending pit of laws and regulations the ins has to offer.?). It then goes on to say that if i leave before i accrue 181 days of unlawful presence i will NOT as a result of this denial be subject to the bars. So my question regarding this is ...Am I illegal and subject to deportation cos i am out of status and if i stay until the 181st day are they gonna be pissed? And is it going to be hard for me inthe future if i try to come back?.
The letter also states that i can file a motion to reopen the case as long as i submit new information for reconsideration. Does this mean that if i Buy a flight stating im leaving within the next few months, get records to show im financially stable and get documents to prove i have many ties to the UK and have no intention of staying , are they gonna genuinely reconsider it? And during the time of this application do i go back in status?
The reason i ask this is because im looking for an engineering sponsor and have a lot of contacts who are considering it but I know if i try to apply for an H1-b i will be out of status on my B2 and there for denied.
Can anyone help me out here cos i really dont want to have a knock on the door from INS and get deported. IM in no way planning to stay longer than my 181 days but im just concerned that id be in trouble if caught still here.
Any advice is welcomed
thanks in advance
dave fleming
Jan 27th 2003, 9:49 pm
#2
Forum Regular
Thread Starter
Joined: Oct 2002
Posts: 38
Re: B2 expiry....Help!!
Originally posted by fleming77
Ok so here is my deal. Can someone advise me on what to do.
I arrived in the US on dec 2nd 2001 and have been here on a B2 visa for over 1 year. I applied for an extension of 6 months to take me to the year and was successful, so i have been completely Legal up to dec 2nd 2002.
I then applied for a further 5 months(i know there was little chance but I had to try) and have since received notice that the application was denied and that i had to make immediate arrangements to leave. THey said i had already begun accruing unlawful presence towards the 3 and 10 year bars to admission under section 212(a) (9) (B) (i).....(which by the way can anyone find for me in the never ending pit of laws and regulations the ins has to offer.?). It then goes on to say that if i leave before i accrue 181 days of unlawful presence i will NOT as a result of this denial be subject to the bars. So my question regarding this is ...Am I illegal and subject to deportation cos i am out of status and if i stay until the 181st day are they gonna be pissed? And is it going to be hard for me inthe future if i try to come back?.
The letter also states that i can file a motion to reopen the case as long as i submit new information for reconsideration. Does this mean that if i Buy a flight stating im leaving within the next few months, get records to show im financially stable and get documents to prove i have many ties to the UK and have no intention of staying , are they gonna genuinely reconsider it? And during the time of this application do i go back in status?
The reason i ask this is because im looking for an engineering sponsor and have a lot of contacts who are considering it but I know if i try to apply for an H1-b i will be out of status on my B2 and there for denied.
Can anyone help me out here cos i really dont want to have a knock on the door from INS and get deported. IM in no way planning to stay longer than my 181 days but im just concerned that id be in trouble if caught still here.
Any advice is welcomed
thanks in advance
dave fleming
Ok so here is my deal. Can someone advise me on what to do.
I arrived in the US on dec 2nd 2001 and have been here on a B2 visa for over 1 year. I applied for an extension of 6 months to take me to the year and was successful, so i have been completely Legal up to dec 2nd 2002.
I then applied for a further 5 months(i know there was little chance but I had to try) and have since received notice that the application was denied and that i had to make immediate arrangements to leave. THey said i had already begun accruing unlawful presence towards the 3 and 10 year bars to admission under section 212(a) (9) (B) (i).....(which by the way can anyone find for me in the never ending pit of laws and regulations the ins has to offer.?). It then goes on to say that if i leave before i accrue 181 days of unlawful presence i will NOT as a result of this denial be subject to the bars. So my question regarding this is ...Am I illegal and subject to deportation cos i am out of status and if i stay until the 181st day are they gonna be pissed? And is it going to be hard for me inthe future if i try to come back?.
The letter also states that i can file a motion to reopen the case as long as i submit new information for reconsideration. Does this mean that if i Buy a flight stating im leaving within the next few months, get records to show im financially stable and get documents to prove i have many ties to the UK and have no intention of staying , are they gonna genuinely reconsider it? And during the time of this application do i go back in status?
The reason i ask this is because im looking for an engineering sponsor and have a lot of contacts who are considering it but I know if i try to apply for an H1-b i will be out of status on my B2 and there for denied.
Can anyone help me out here cos i really dont want to have a knock on the door from INS and get deported. IM in no way planning to stay longer than my 181 days but im just concerned that id be in trouble if caught still here.
Any advice is welcomed
thanks in advance
dave fleming
Jan 29th 2003, 11:17 pm
#3
Forum Regular
Joined: Jul 2002
Posts: 65
Re: B2 expiry....Help!!
http://www.shusterman.com/barmemo.html
I have nothing to do with this organization - but it's a cracking memo.
Tony
I have nothing to do with this organization - but it's a cracking memo.
Tony
