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Illegal stay

Illegal stay

Old Nov 20th 2001, 2:17 am
  #1  
Laguna
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I was laid off 8 months ago under H-1B from a high tech company, and now with no
hopes left to find a job, will be going back to my home country. (My H-1B
expires in 2003).

Let's say I get a job offer after I get back to my home country. How will the
immigration know that I overstayed here? They don't stamp my passport indicating the
time I left. Next time I apply for H-1B, I might tell them I left the country
immediately, not 8 months after, right?
 
Old Nov 20th 2001, 4:52 pm
  #2  
Asg
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You can leave now. And then enter the US with new H1B visa from your new company.
Note that if you stay out less than one year, that can count toward the remaining
year of your original visa.

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Old Nov 20th 2001, 5:30 pm
  #3  
Stuart
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[usenetquote2]>> Let's say I get a job offer after I get back to my home country. How will the[/usenetquote2]
[usenetquote2]>> immigration know that I overstayed here? They don't stamp my passport indicating[/usenetquote2]
[usenetquote2]>> the time I left. Next time I apply for H-1B, I might tell them I left the country[/usenetquote2]
[usenetquote2]>> immediately, not 8 months after, right?[/usenetquote2]

Never ever ever lie to the INS. You undoubtedly have left a paper trail that if
followed would show that you did NOT leave the USA. Credit card transactions are
the most common. Now, also, you have the problem that the gov't agencies require
passenger lists for all flights. The paper trail is there and they aren't hard
to follow.

It is my understanding that while you've overstayed 8 months, you only accumulate a
bar from the time your I-94 expired, not the date you went out of status, so you may
not have accumulated time towards the bar from the US. That said, if the INS believe
you overstayed, they may question the
H1B ... and the State Dept may refuse a visa on the grounds of the overstay, although
you absolutely must leave to get a visa.

Stuart
 
Old Nov 20th 2001, 5:37 pm
  #4  
Sylvia Ottemoeller
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Laguna wrote:

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Old Nov 20th 2001, 5:40 pm
  #5  
Sylvia Ottemoeller
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Laguna wrote:

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They can simply ask you. And then they can ask you to prove that your claim is
the truth.

They don't stamp my
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It is foolish ***in the extreme*** ever to lie to INS. You will get into much more
trouble for lying than for whatever violation you committed. In your case, you are
not even subject to the three or ten year bar, because you did not overstay a "date
certain" on an I-94.
 

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