Immigration Issues/HI visa and COS

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Question
Hello.

I am an RN and previously had a HIC visa that expired in July 2011. I have an approved I-140 but i do not have a visa number available (Priority date April 2009).

I am also currently on the 180 days grace period. I have tried to apply to a school but they wouldn't issue an i-20 cos of my I-140.

Can I change my status to a B-visa? And if I do and was denied what effect will it have on my prior 180 days grace period?

Answer
Hi,

Both F and B visa categories do not allow for intention to immigrate to the U.S. Thus, the application to change status to B1 to B2 visa category will probably be denied due to the I-140 filing. Incidentally, there is no 180 day grace period. It is only that if unauthorized stay is for less than 180 days, you will not be subject to the 3 or 10 year bars to entry to the U.S. The following link may be helpful: http://www.state.gov/documents/organization/87120.pdf

I recommend departing the U.S. as soon as possible.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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