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Thread: Expired H1B - how long can I stay?

  1. #1
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    Default Expired H1B - how long can I stay?


    My H1B expired in October. How long do I have to stay in the US before
    falling into the "ban" mode. What alternatives do I have to stay?

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  2. #2

    Default Expired H1B - how long can I stay?

    When you say, "my H-1B" exactly what are you talking about? Your
    petition? Your I-94? Your visa stamp in your passport? Generally, the
    rule is that the ban starts 180 days after the I-94 expires.

    cobound wrote:
    My H1B expired in October. How long do I have to stay in the US before falling into the "ban" mode. What alternatives do I have to stay?

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  3. #3
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    Default Expired H1B - how long can I stay?

    My H1B expired in October. How long do I have to stay in the US before falling into the "ban" mode. What alternatives do I have to stay?
    I think it's 180 days - then on the 181st day I believe you are banned
    for 3 years, but this can go up to 5 then 10 years if you are still in
    US "out of status" for a long time.

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  4. #4
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    Default Expired H1B - how long can I stay?

    My H1B expired in October. How long do I have to stay in the US before falling into the "ban" mode. What alternatives do I have to stay?
    The ban kicks in 180 days after the I-94 expires. However, you are
    subject to arrest while out of status even though the chances of that
    are slim. If you come to the attention of authorities and are put into
    removal proceedings, you could receive a 10 year bar, and a formal
    deportation order whenever your I-94 is expired and you have no pending
    applications.

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  5. #5

    Default Expired H1B - how long can I stay?

    crg14624 wrote:
    My H1B expired in October. How long do I have to stay in the US beforefalling into the "ban" mode. What alternatives do I have to stay? The ban kicks in 180 days after the I-94 expires. However, you are subject to arrest while out of status even though the chances of that are slim. If you come to the attention of authorities and are put into removal proceedings, you could receive a 10 year bar, and a formal deportation order whenever your I-94 is expired and you have no pending applications.
    Not quite that bad, fortunately. In such a case - that is, the overstay
    is the only issue here - USCIS would indeed initiate removal
    proceedings. But then you would apply for voluntary departure. Such
    cases rarely ever lead to actual deportations. If voluntary departure is
    granted and you depart within the permitted time (I believe usually 120
    days), there are no bad immigration consequences. In fact, some lawyers
    suggest that it might even wipe out the three-year or ten-year bans,
    although I doubt that has ever been tested in court.

    If a deportation does take place, I believe the ban is five years. If
    somebody is deported a second time in his life, the ban is 20 years.

    --
    Remember, I am strictly a layperson without any legal training. I
    encourage everybody to seek competent legal counsel rather than
    relying on usenet newsgroups.

    Please visit my new FAQ at http://www.kkeane.com (always under
    construction)

    My email address in usenet posts is now invalid for Spam protection.
    See my Web site for information on how to contact me.

    Please feel free to enjoy some of my photographs at my Web site
    http://www.ingopakleppa.com ! Comments are welcome.

  6. #6
    Senior Member
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    Default Expired H1B - how long can I stay?

    crg14624 wrote:
    My H1B expired in October. How long do I have to stay in the USbeforefalling into the "ban" mode. What alternatives do I have to stay? The ban kicks in 180 days after the I-94 expires. However, you are subject to arrest while out of status even though the chances of that are slim. If you come to the attention of authorities and are put into removal proceedings, you could receive a 10 year bar, and a formal deportation order whenever your I-94 is expired and you have no pending applications.
    Not quite that bad, fortunately. In such a case - that is, the overstay is the only issue here - USCIS would indeed initiate removal proceedings. But then you would apply for voluntary departure. Such cases rarely ever lead to actual deportations. If voluntary departure is granted and you depart within the permitted time (I believe usually 120 days), there are no bad immigration consequences. In fact, some lawyers suggest that it might even wipe out the three-year or ten-year bans, although I doubt that has ever been tested in court. If a deportation does take place, I believe the ban is five years. If somebody is deported a second time in his life, the ban is 20 years. -- Remember, I am strictly a layperson without any legal training. I encourage everybody to seek competent legal counsel rather than relying on usenet newsgroups. Please visit my new FAQ at http://www.kkeane.com (always under construction) My email address in usenet posts is now invalid for Spam protection. See my Web site for information on how to contact me. Please feel free to enjoy some of my photographs at my Web site http://www.ingopakleppa.com ! Comments are welcome.
    The inital ban for an expedited removal (which is for applicants only,
    or recent entries without inspection) is 5 years. The deportation for
    237 cases is 10 years now. It used to be 5 years until the 1996 Act
    where that changed to 10 and it was retroactive. All subsequent
    removals are 20 years, and some aggravated felons get the 20 years right
    off the bat. Visa waiver removals are 10 years for the first removal.

    Judges sometimes offer the voluntary departure, but don't have to. The
    government lawyers can push for the removal order and urge the judge not
    to grant VR in some circumstances, and they may or may not get it.
    Also, the judge can grant VR with an alternate order of removal that
    kicks in if the alien fails to depart on time.

    I suspect if an alien is more than a 180 day or 1 year overstay prior to
    the initiation of proceedings then the ban would apply. It may apply to
    the entire time because a VR doesn't grant any status to break up an
    overstay. It would be interesting to see what the precedent decisions
    are for this.

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  7. #7
    Junior Member
    Join Date
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    Default Legal Assistance

    My H1B expired in October. How long do I have to stay in the US before falling into the "ban" mode. What alternatives do I have to stay?
    Hi

    You have 2 options, if you have not filed for your extension of H1B,
    then immediately seek the assistance of your company to do so.

    And if this is your 6th year extention, then you could have some
    problems durind extension. Therefore be very specific about your
    position or circumstance & visa status in the US. Also let me know if
    you have filed for your green card, if you are an eligible national.

    I am an Attorney & you can contact me for any assistance at
    menakarajendran@yahoo.co.in

    Have a Nice Day!

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    Posted via http://britishexpats.com

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