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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10898
Experience:  Write FOR JAMES to get my help!
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I have worked on H1B visa until I was forced to resign on

Customer Question

I have worked on H1B visa until I was forced to resign on July 31sr. 2015. As of today (Dec 8th, 2015) and my I94 expires on September 2017.
My questions are:
1- Am I accumulations towards 180 days limit that would trigger 3 years bar?
2- If I find a company that would sponsor my H1 can I get an H1, re enter the contry and gain my status back?
3-Can I go to school (A graduate program), and het F1 visa, and transfer my status?
Thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. When you are giving a rating, please do not rate the state of the law or the outcome of your situation. I cannot control those things. I am just a messenger.

I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. Thank you for your understanding.

QUESTION 1: Am I accumulations towards 180 days limit that would trigger 3 years bar?

ANSWER: Yes, because the I-94 is only valid if you are maintaining the lawful status for which the I-94 was issued.

QUESTION 2: If I find a company that would sponsor my H1 can I get an H1, re enter the country and gain my status back?

ANSWER: It is possible, but would be quite difficult without a nonimmigrant visa waiver (Hranka Waiver).

QUESTION 3: Can I go to school (A graduate program), and het F1 visa, and transfer my status? Thank you

ANSWER: No. You are out of status and therefore do not have any lawful status in the US from which to change. You would have to leave the US and get a visa to come back to the US in F1 status. And again, you likely would require the Hranka Waiver to be able to do that.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

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