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question: how long can i stay in the US since my I94 was expired

question: how long can i stay in the US since my I94 was expired

Old Feb 6th 2001, 9:14 am
  #1  
Gary goshabATchat.ru
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I have a multiple entry B1/B2 visa valid till August 2001. I arrived in the US in July
2000 as a business visitor (B1) and my I-94 granted for 3 months expired in October 2000.
My (potential) employer submitted H-1B petition and LCA in October 2000 before my I-94 was
expired. After approx. 3 months (in January 2001) INS replied with a request for
additional information. My employer is supposed to respond until some date in April 2001.

My questions: 1. how long can I stay in the US without breaking the law and with no
consequences making it harder for me to travel to the US in the future? I've heard about
120 days from the date of I-94 expiration. Is that true?

2. Is it OK to just leave the expired I-94 at the airport when flying back to my
country or should it be accompanied by e.g. a letter that my case has been withdrawn
from the INS?

3. How do I answer future questions in the consulate regarding refusals if my case has
been withdrawn from INS by employer?

Any info will be highly appreciated.
 
Old Feb 7th 2001, 8:36 am
  #2  
John Kao
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After I94 expiration, the person is out of status. After 90 or 120 ? days, they will
subject to 3 year ban, after 365 days 10 year ban.

I think there is an exception to this if one's I94 was stamped with F1 D/S, since you come
in as B1/B2, it doesn't apply.

"Gary" <goshabATchat.ru> wrote in message

> I have a multiple entry B1/B2 visa valid till August 2001. I arrived in
the
> US in July 2000 as a business visitor (B1) and my I-94 granted for 3
months
> expired in October 2000. My (potential) employer submitted H-1B petition
and
> LCA in October 2000 before my I-94 was expired. After approx. 3 months (in January 2001)
> INS replied with a request for additional information. My employer is supposed to
> respond until some date in April 2001.
>
>
>
> My questions: 1. how long can I stay in the US without breaking the law
and
> with no consequences making it harder for me to travel to the US in the future? I've
> heard about 120 days from the date of I-94 expiration. Is
that
> true?
>
>
>
> 2. Is it OK to just leave the expired I-94 at the airport when flying back to my country
> or should it be accompanied by e.g. a letter that my case
has
> been withdrawn from the INS?
>
>
>
> 3. How do I answer future questions in the consulate regarding refusals if my case has
> been withdrawn from INS by employer?
>
>
>
> Any info will be highly appreciated.
>
>
 
Old Feb 11th 2001, 3:57 pm
  #3  
Ingo
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Posts: n/a
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>I have a multiple entry B1/B2 visa valid till August 2001. I arrived in the US in July
>2000 as a business visitor (B1) and my I-94 granted for 3 months expired in October 2000.
>My (potential) employer submitted H-1B petition and LCA in October 2000 before my I-94
>was expired. After approx. 3 months (in January 2001) INS replied with a request for
>additional information. My employer is supposed to respond until some date in April 2001.
>
>My questions: 1. how long can I stay in the US without breaking the law and with no
>consequences making it harder for me to travel to the US in the future? I've heard about
>120 days from the date of I-94 expiration. Is that true?

As long as it takes for the H-1B to be approved or denied. The 120 days (actually, 240
days) apply to something else.

>2. Is it OK to just leave the expired I-94 at the airport when flying back to my
> country or should it be accompanied by e.g. a letter that my case has been withdrawn
> from the INS?

It would be best not to leave the country at all. If you do, simply surrender the I-94. BE
SURE TO KEEP ALL CORRESPONDENCE WITH INS. You will need it to prove that you were indeed
in status, pending approval.

>3. How do I answer future questions in the consulate regarding refusals if my case has
> been withdrawn from INS by employer?

That's why you need to keep all correspondence with INS.

Ingo

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.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).
 

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