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Immigration Issues/H1B visa expired before renewal

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Hi ,

Thank you very much for your reply. My H1b was expired on Nov 1, 2007 and reliased it was expired on Nov 15 , 2007. Then My employer immediately applied H1b Extension with wrong filing fee on Nov 16 2007. The application came back from USCIS.


and My emplyer again applied on Dec 21, 2007 with correct fee in Premium. On Jan 8 2008 We got query about company information which my employer is hesitate to provide as it is very complicated so asked me to go to Mexico for H4 stamp since my husband is currently on H1b visa.

Does it pose any problem while reentry and at US consulate ? Please give me some advises on this.


My emplyer told me I can apply for H1b after I come back with H4 ? Then If I apply for H1b , is it come under H1B CAP and apply for anytime when i find new job?





Thanks,

Jaya  

Answer
You fell out of status in Nov 2007. If you do not leave by May 2008, you will be barred for 3 years if you leave from reentering. If you leave now you will not be statutorily barred from getting the H4 but they may give you problems and deny it in their discretion because you overstayed.

If you come back in H4, you will not be subject to the cap because you have already been in H status as long as you have not already spent 6 years here in H.

Regards,

Robert

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