Gsk

I got a job offer with valid OPT(optional practical training) that expired on May 31,
2001. However, my visa petition for H-1B was filed on Sep. 18, 2001 because of some
delay of company process, that was approximately one month and 18 days late.

INS sent me a copy of the approval notice of the H-1B classification with deny the
change of status. They told me that the approved Form I-129 petition for
classification forwarded to the consulate in Toronto, Canada.

I made an appointment for my visa interview in Toronto on March, 2002.

I heard that I can reenter the USA from a trip of 30 days or less from Canada or
Mexico, by just showing my Notice of Approval of my H-1B from INS and my passport,
without obtaining an H-1B visa.

Is this true even if I was out of status for one month and 18 days?

Thank you in advance.

Ingo Pakleppa

Unfortunately, you will have a problem. First, because you have been out of status,
you cannot use the consulate in Toronto; you must go to your home country.

Second, you cannot use a Notice of Approval to return to the US. Whoever told you
that probably was referring to the I-94 that normally is attached to the NOA -
however, in your case it was not.

What is worse, because the H-1B petition was not filed timely, you continued to be
out of status after September 18, and now have been out of status for more than six
months. If you now leave the US, you would trigger the three-year ban.

You should consult with a very good immigration attorney - and don't expect a
miracle; he may not be able to do anything.

One thing that might be possible is for him to submit you into removal (aka
deportation) proceedings. Then file for voluntary departure. This will remove the
three-year ban, but of course it is something you don't want to do without
professional help.

Ingo

On 25 Feb 2002 09:53:43 -0800, [email protected] (gsk) wrote:

    >I got a job offer with valid OPT(optional practical training) that expired on May
    >31, 2001. However, my visa petition for H-1B was filed on Sep. 18, 2001 because of
    >some delay of company process, that was approximately one month and 18 days late.
    >
    >INS sent me a copy of the approval notice of the H-1B classification with deny the
    >change of status. They told me that the approved Form I-129 petition for
    >classification forwarded to the consulate in Toronto, Canada.
    >
    >I made an appointment for my visa interview in Toronto on March, 2002.
    >
    >I heard that I can reenter the USA from a trip of 30 days or less from Canada or
    >Mexico, by just showing my Notice of Approval of my H-1B from INS and my passport,
    >without obtaining an H-1B visa.
    >
    >Is this true even if I was out of status for one month and 18 days?
    >
    >Thank you in advance.

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com/pederson/visa.htm (dual citizenship info)
http://www.srs-usvisa.com http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/
(marriage and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).