Visa overstay in the US


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Jack109   
Member since: Jul 04
Posts: 254
Location:

Post ID: #PID Posted on: 06-05-09 17:12:06

What long can you stay in the US if you loose your status.

Is there any period viz 60 days after OPT or 60 days after H1B.



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 06-05-09 17:25:07

In the old days, erstwhile INS used to tolerate upto 2 weeks of overstay (i.e. 14 days) beyond the expiry of H-1B visa or end of job.
I don't know how much they are tolerating these days.
Best to wrap up and leave within 15 days if in such situation.


-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


Jack109   
Member since: Jul 04
Posts: 254
Location:

Post ID: #PID Posted on: 06-05-09 17:30:46

In my case

April 2004 Applied for J1
May 2004 OPT ended
August 2004 - Got my J1 in mail, but did not use it.
Sept 2004 - Moved to Canada,No I 94 surrendered
Sep 2005 - Got my B1 on same passport
Sep 2007 - Got H1B on same passport,never used it.
Jan 2009 - Got my CDN passport and used it to cross border.


I guess during my adj status thru family (485) I should not have any problem 6 years down the line.



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 06-05-09 18:25:15

Quote:
Originally posted by Jack109
May 2004 OPT ended
August 2004 - Got my J1 in mail, but did not use it.
Sept 2004 - Moved to Canada,No I 94 surrendered

I guess during my adj status thru family (485) I should not have any problem 6 years down the line.

So we're talking about 4 months right?
Most likely it'll not be a problem, esp. since you didn't give up your I-94.
Of course, /anything/ could happen, but I would say it's unlikely.


-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


viggy   
Member since: Aug 07
Posts: 569
Location:

Post ID: #PID Posted on: 07-05-09 07:51:12

If you are working through a lawyer, talk to him. I believe there is a form which can be submitted for overstays upto 180 days. Won't be an issue, unless you got into any legal issues during the overstay. I don't remember the form number now (Again, this is from 2005; things might have changed now)



viggy   
Member since: Aug 07
Posts: 569
Location:

Post ID: #PID Posted on: 07-05-09 07:58:53




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