aabidimran

Hi,
I am facing some issues regarding to get my USA visa and need some advice on it.
In November 2007 I visited USA on B1/B2 visa with three months I-94 entry. As my stay was extended there, so I applied for L1 status. My I-94 entry expired in January 2008, B1/B2 visa expired in March 2008 and I overstayed till September 2008.
At that time my Lawyer of USA told me not to worry about my status/overstay as I can stay in USA while having my L1 petition in process.
I left the country in September 2008 after 8 months of overstay and my L1 petition was denied in October 2008. As my work there was finished and I was back in my country so I didn’t reapply for L1 visa at that time.

Now I need to revisit USA for an important training and I applied again for B1/B2 visa which got rejected reasoning my overstay at that time.
I have discussed this issue with the same lawyer and I am told that we had to get a ‘Change of status’ document from USA authorities when I applied for L1 visa which my lawyer forgot to obtain from the concerned authorities and also did not informed me about this document at that time.
Can someone please guide me if there is any way-out of my problem? Can I still apply for L1 or H1 visa?
Please help.

Thanks,

aabidimran

Oopss!
no reply :S

christmasoompa

Given that it's only been a few hours and that most of the US is still fast asleep, it's hardly surprising is it?

Noorah101

We are just laymen on this forum. You've already discussed this with an immigration lawyer. I would just let him guide you from here.

Rene

aabidimran

ooh my bad..

ian-mstm

An overstay of 8 months will get you an automatic 3-year ban from the US. If this all happened in 2008, then that ban has since expired. Your lawyer should have told you about this.


Have you discussed this with a different lawyer? The one you have doesn't seem able to do his job.


Yes, you can always apply. However, that doesn't mean that either will be successful.

Ian

md95065

I definitely second the suggestion of getting new attorney.

While the automatic 3 year ban triggered by the 8 month overstay has now passed that may not be the OP's only problem in getting a visa.

What, I wonder, was he doing in the US for that 8 months, and why exactly was his recent visa application rejected? Even though the 3 year ban is over the OP still has to convince the CO that, if he were granted a visa, he would comply with the terms of that visa. That may still be a problem ...

Bob

No. That's for the employer to do.

Chances of success? Who knows, but possibly not great on your past history.

scrubbedexpat099

Which Consulate would you be applying through?

aabidimran

Do i need to get any legal document which can be used as an evidence that my 3 years ban has been expired? and if yes then from where and how i can get this document.

scrubbedexpat099

Proof of your return.

aabidimran

hmmm that is the second case. Firstly, the question i was asked was about the document which can prove my legal stay in US. I was working on a client project during my 8 months stay and after completing my assignment i left the country. Should i get guarantee letter from my employer OR from client? so i can convince the CO that i was working on a project so i applied for L1 status and there is no illegal activity involved....

aabidimran

I got married in 2008 now my family is dependent upon me.

aabidimran

My company is willing to apply for H1 but i need to confirm if my overstay history is not an issue in this regard.

md95065

You really need to get advice from a good immigration attorney. What you seem to be saying is that you were working in the US during your 8 month overstay but you think that was OK because you had applied for (but never got) a change of status to L1.

It sounds to me as if you just admitted to working illegally in the US. That may or msy not in fact be the case - I don't know because I do not have all of the facts and I am not an attorney - but the whole thing is a mess that will require good legal advice to sort out.

Once again, on precisely what grounds was your most recent visa application denied?