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This is something complex and very crucial. I will explain…

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Hi. This is something complex...
Hi. This is something complex and very crucial. I will explain the situtation very clearly in order to get a better response. I applied for F1 visa in the month of May 2014 with 5 years validity till May 2019 and went to usa on July 24th 2014. I finished my masters in dec 2015 and got opt on march7th and in the month of april my employer filed my h1b and got picked up and it got applicable from oct 1st. But due to some issue my employment was ended and my employer terminated my h1 and came back to india on march 8th.Now I got a new i20 with another university and my previous F1 visa is valid till May 2019. If i again want to move to usa on f1 do i need to go for visa again or can i just go with my existing visa with a new i20
Submitted: 8 months ago.Category: Immigration Law
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Answered in 3 hours by:
12/16/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,912
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Did you have even a one day overstay in the U.S.?

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Customer reply replied 8 months ago
No. Not even a single day. I didn't even use 60 day grace period and moved back to india immediately as soon as my employment is terminated
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago

I'm not so sure about that. When you are terminated while in the U.S., you usually don't get on a plane the same day you were terminated. What was the exact date that you were terminated? Were you on H-1B status at that time? What was the exact date that you came off payroll? What was the exact date that you left the U.S.?

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Customer reply replied 8 months ago
My employment got terminated on March 1st and left from U.S on March 7th exactly
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago

Then unfortunately, you did have at least 1 day overstay. You had almost a week. According to regulations, any visa that you have is automatically cancelled upon even a one day overstay. The 10 day grace period that you are most likely thinking about is not upon termination, it is upon the end of the status validity period. So you will need to apply for a new visa to come back. I am truly sorry. I wish I had better news for you. Just please remember not to blame me, I am just the messenger.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 8 months ago
I will explain what exactly has happened. I have submitted my resignation letter on March 1st and left the U.S on March 7th. So It takes time to mail the letter to USCIS regading the employment termination. I see that there is 60day grace period up on employment termination. So does it really count as Overstay?.Please let me knowhttps://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago

That 60 days is to change status or transfer status. Sorry, but you will need to apply for a new visa. You will risk a 5 year ban if you attempt to enter with your previous visa. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 8 months ago
That's correct. So In the 60 days period, The employee can look for an alternative option to change to a new status or look for new employer to transfer H1. So will be really considered as out of status or an overstay. I just want to clear my doubts as I am not at all aware of these things. Your answer is more valuable for me as I am planning to enter U.S with out applying for US
Customer reply replied 8 months ago
will it be really considered as out of status or an overstay??
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago
it is still an overstay, but it isn't unlawful presence. Please do not forget that positive rating as that is very important to me. Thank you.
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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago

I see that you opted me out which meant that I could not respond. The administrator opted me back in which I assume means you accidentally opted me out. Was there something that you did not understand about my answer? What else would you like to know?

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Thank you for your kindness and respect. Good luck to you.

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