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Recent Overstay questions

I am international student F1 more than 4 years in the U.S.

Hello, I am international student F1 more than 4 years in the U.S. I graduated from Community College and filled out my I-765 form for my OPT. I applied timelly for my OPT but USCIS denied my application I-765 form because that 30 days rules. I graduated from Community College on December 30, 2015. Filled my OPT aplication On November 24, 2015. On my sevis record my DSO entered September 24, 2015 for my graduation date. So Finally my OPT application denied from USCIS on February 28, 2016 because more than 30 days break between my graduation date and OPT application date. After all, I decided to apply for reinstatement form I-539 to USCIS on May 31, 2016. Still my I-539 on process. I decided to leave from U.S. I will leave from U.S on Agust 10, 2016. I will try to get my visa from my home country. My question is; what will be happen when I leave from U.S. I applied timelly for my reinstatement form but when I will leave from U.S. I will be overstayed 5 month and 10 days. My new scholl give me new I-20 form and new Sevis number. I will use my new I-20 and Sevis number for my new visa applications. When I applied for my reinstatement form in site the U.S. I used my old sevis number. I am leaving right know from U.S but I am worying about for my overstay in U.S. Can you help me please. Thank you

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Judith

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J.D.

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Below is a question and his answer on his application for

Below is a question and his answer on his application for his interview with the US Embassy in India.Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?(YES/NO): YesIn January 2016, I switched employers. I was hired by a third-party agency, Prozetto Inc. (based in Texas), to work at Sony Pictures in Culver City, California. Prozetto Inc. filed my H1B transfer papers. In April 2016, I found out, via the USCIF website, that my H1B petition was denied. I quickly informed Prozetto Inc. and was immediately taken off payroll. I continued to stay in the USA, because I was told by Prozetto Inc. to wait until they receive the actual denial notice and the reason for the denial. I attempted on several occasions after to followed up with Prozetto Inc. in regards ***** ***** denial with little success. It was then that I reached out to the second-party agency, Tentek Inc. Tentek agreed to refile my H1B papers and H1B visa was granted.Is this an ok answer? Or is it too specific?

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

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Someone is on H1B years. s current petition is valid 1 year.

Someone is on H1B for 2 years. His current petition is valid for another 1 year. After that he will have 3 more years to max out.But due to down sizing, his employment end date with his current employer is within two weeks. He needs to find a new employer within this two weeks to submit his H1B transfer application in premium process. Which is quite tough situation.Hence, my questions are,What if, he is not able to find a new employer before his end date with his current employer within two weeks?Is there any grace time (days or weeks or months) after his termination date, so that he can find a new employer and initiate his H1B transfer?Considering, the previous employer takes couple of weeks to revoke the H1B petition.

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

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46,408 satisfied customers
I am a Libyan citizen had my master's degree from a US

Hi,I am a Libyan citizen had my master's degree from a US university and currently in post-completion OPT status. I received my EAD which is valid until Jul 2017. My wife has a dual citizenship (Libyan and UK) and she got her Visa twice (the last one was in 2015) on the Libyan passport. Now she is going to apply again for the Visa in the UK but this time using the British passport instead of the Libyan passport for the first time. Does that might cause any issues with the Visa process?

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

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46,408 satisfied customers
My boyfriend is from Mexico. He has a tourist visa. He had a

My boyfriend is from Mexico. He has a tourist visa. He had a permit to work recently expire. He says that he can't leave the US or he won't be able to ever come back to the US unless we got married. His son has been diagnosised with Leukemia in Mexico. If he renews his work visa, are there exceptions. Like a medical emergency?

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Alex J. Esq.

Managing Attorney

Doctoral Degree

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21,572 satisfied customers
06/03/2016 was the last date of my previous employer and i

06/03/2016 was the last date of my previous employer and i got offer from crate and barrel at 06/15/2016. After that i left USA at 06/29/2016. Based on that 06/03/2016 to 06/29/2016 do you think i was in illegal status? if i was then what should i answer to D1601) Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? Yes/No- If Yes please explainJA: What is your official status? Do you have any pending applications or petitions with USCIS?Customer: H1b. no i dont have any pending applicationsJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: NO

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

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5,946 satisfied customers
I have become close to a spanic woman who has been taking

I have become close to a hispanic woman who has been taking care of my husband and myself for almost two years. If Trump is elected Pres., his goal is to deport undocumented workers who have overstayed their visas. My companion/caregiver is 50 years old, been here for 25 years, has a tax i.d. number and I have been filing 1099's with the IRs. I would like to adopt her. What do I have to do? .JA: What is your official status? Do you have any pending applications or petitions with USCIS?Customer: No. I am a citizen, a retired attorney. My husband is a retired veterinarian. My potential adoptee has two parents in Mexico.JA: Have you talked to a lawyer yet?Customer: No.JA: Anything else you think the lawyer should know?Customer: I don't think so.

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

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5,946 satisfied customers
I just filed abuse charges against my spouse who has

I just filed abuse charges against my spouse who has overstayed her travel visa. She is threatening to use VAWA to get a green card. I don't care if she gets a green card. What I need to know is if her application for an "abused" spouse will automatically tag me with criminal charges.

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

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5,946 satisfied customers
My employer has applied L-1A visa, Yes, my L-1A petition is

Hi,JA: Hello. What seems to be the problem?Customer: My employer has applied for an L-1A visaJA: What is your official status? Do you have any pending applications or petitions with USCIS?Customer: Yes, my L-1A petition is pending with USCISJA: Have you talked to a lawyer yet?Customer: Now, I need to travel to US on B2 visa to accompany my spouse who is going to US on H1B visaJA: Anything else you think the lawyer should know?Customer: Yes, my L-1A visa petition was submitted on July 18 and under express processing

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

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14,426 satisfied customers
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