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On Oct 28th, 2017, my H1B visa based employment ended. I…

On Oct 28th, 2017, my...
On Oct 28th, 2017, my H1B visa based employment ended. I stayed in the US during the new 60-day grace period and applied for a Change of Status B2 visa application before end of 60 days. My lawyer asked for 6 months starting from Oct 29th, 2017 to Feb 28th, 2018. The case was still pending when I left the country on Feb 26th, 2018. Was it ok to ask for 6 months starting from a date before the application was filed? Secondly, I read a timely non-frivolous filing of COS application makes a person authorized to stay according to Attorney General and if applicant leaves before decision is made 222(g) rule of overstay does not apply, is this true? Any circumstances where I may have overstayed according to circumstances listed above?
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Customer reply replied 4 months ago
Correction 1: On August 28th, 2017 my H1B visa based employment ended
Correction 2: My lawyer asked for 6 months starting from August 29th, 2017 to Feb 28th, 2018
Answered in 3 hours by:
3/13/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,374
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 the news is not good 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.

When you say that your employment ended on August 28th, 2017, you mean your I-94 expires or you were fired or laid off or quit?

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Customer reply replied 4 months ago
I was laid off. The I-94 was set to expire in Sept of 2018.

Ok. Then you are fine. You do not have any unlawful presence and you were in a stay authorized by the Attorney General while your I-539 was pending. And yes, it was ok to ask for 6 months.

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 4 months ago
Ok, and now that I left before my case was decided, does that means the application is abandoned ? I believe my lawyer said in some cases he is seeing they don't automatically abandon the application. If it was abandoned , will it mean that I did not overstay?

Yes, it is abandoned if you leave before a decision, but you still did not accrue any unlawful presence, so you are ok.

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 4 months ago
This is good news, I have a couple of follow up questions. The next time I apply, do I have to carry the notice of COS , boarding ticket of when I left etc to show I was present legally? Secondly, I had a local DUI charge in the US but it was eventually expunged, I know the immigration officials always keep the record even if case is dismissed, does that mean I would have to carry documents related the expungement too during a future visa interview?

I would carry such evidence, yes. As far as an expungement, that was a mistake. Having a case expunged ONLY removes it from records the public can see. The government can always see that you had that problem and you must ALWAYS disclose it to the government (since they will see it anyway) and now, you won't ever be able to get certified copies of the police report or court dispositions. So you will have to at least provide certified copies that no police report exists and that no court disposition exists and you will have to prove that you do not have a problem with alcohol abuse. Hopefully there were no injuries or damages during the DUI.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Customer reply replied 4 months ago
I do have certified copies from the judge stating the case was dismissed and I have state and FBI police records showing reflecting the expungement. There were no injuries or damages. I needed the expungement for many reasons especially because I'm expecting to become a canadian citizen soon and a DUI charge makes it very difficult to get it there. A related question is, if I become a Canadian citizen will I have to get a non-immigrant visa or a waiver to enter the US or can I enter freely with my passport for 6 months at a time as is usually the case with canadian citizens?

Unfortunately, you will need a visa even as a Canadian because you have a criminal record in the U.S. even though it has been expunged. Remember that I said that the U.S. will always see that record.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of customers don't leave a rating at all and since I am not given a salary to be here, a positive rating is the only way the website will compensate me (which costs you nothing additional and the session does NOT close). It's as if I spent my time responding for free. So you can understand, 30% to 40% of customers not leaving a positive rating is like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,374
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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