Does the overstay cause problem to K-1?

[JasonNamwan 0]

Hi, I have this worrying about my previous record which I'm not even sure I did overstay or not. I had a job in NYC and had the H1B visa for working permit many years ago, until September11,2001, my company closed down. I couldnt' find a new job but stayed there almost a year after that. Though, I did not overstay the date on my H1B paper(which is 2003) except I didn't continue working with my sponsor or any other companys. Now I'm back in Thailand for many years, and my fiancee in the US is going to apply K-1 for me so we can get marry there. I'm wondering if this will casue us any troble on K-1. If so, are there any ways to solve this problem? Am I on the 10-year-barred? I've heard about the waiver my fiancee can file if my interview isn't approved. Any chance at all?

Anyone has experience with this case? Please help.

Thank you

Namwan

[ready4ONE 5,400]

I would defer to the advice of some of the more veteran people on here, but from what you have said, I would be very suprised if you would have any problem at all. You left the US while your work visa was still valid. So you did not overstay your H1B.

Good luck to you! I believe you will be fine!

[Alex+R 0]

according to USCIS.gov:

What if the alien’s circumstances change?

As long as the alien continues to provide H-1B services for a U.S. employer, most changes will not mean that an alien is out of status. An alien may change H-1B employers without affecting status, but the new H-1B employer must file a new Form I-129 petition for the alien before he or she begins working for the new employer. The merger or sale of an H-1B employer’s business will not affect the alien’s status in many instances. However, if the change means that the alien is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.

Must an H-1B alien be working at all times?

As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

As you can see, that's a bit vague. I read on a few other web sites that once your employment is terminated, you have 60 days to find a new employer. I've also seen that if you lose your job, and don't secure new employment in the same capacity within that period of time, you become out of status and one web site suggested you have a 10-day grace period to leave. I hope someone will visit shortly with answers for you, but it sounds like the US Gov't is also vague on their policy here.

Could it be that the Sept 11 disaster would allow you to be inactive without affecting status? It would seem so.

Edited August 25, 2006 by Alex+R

[JenT 0]

There's a lot of interpretation here that can be done here... I would seek legal counsel on this one.

Jen

[Alex+R 0]

There's a lot of interpretation here that can be done here... I would seek legal counsel on this one.

Jen

Yep. Clearly.

[zyggy 9]

If you were terminated from your employer, you have 60 days to find a new employer that will sponsor you. If you do not find an employer that will sponsor you in that time, you have a grace period to leave the US. Each day that you exceed that grace period is time out-of-status. If you exceed more than 180 days of time out-of-status, you have a 3 year ban on entering the US... If more than 1 year, it's a 10-year ban.

If the ban is still valid, you will require an I-601 waiver to overcome it.

If you want a more specific answer on whether the ban effects you or not, you have to give more details. From what I see, you definitely has the 3-year ban... whether or not you have a 10-year ban depends on your details. I agree with others, a consult with an immigration attorney will prove very beneficial in this case.

Edited August 25, 2006 by zyggy

[JasonNamwan 0]

To answer your question Zyggy, my job was terminated at the end of April 2001 and I left the US in early July 2002, does that makes 10-year-ban? : (

Thank you for all the information from everyone here, I really appreciate it. It seems nothing we can do now but to start filing I-129 and we really have to hope for the waiver, I-160. Have to do a lot of research and/or find a good lawyer.

Namwan

[JenT 0]

To answer your question Zyggy, my job was terminated at the end of April 2001 and I left the US in early July 2002, does that makes 10-year-ban? : (

Thank you for all the information from everyone here, I really appreciate it. It seems nothing we can do now but to start filing I-129 and we really have to hope for the waiver, I-160. Have to do a lot of research and/or find a good lawyer.

Namwan

Jen

[Kez/JWolf 6]

To answer your question Zyggy, my job was terminated at the end of April 2001 and I left the US in early July 2002, does that makes 10-year-ban? : (

I had a job in NYC and had the H1B visa for working permit many years ago, until September11,2001, my company closed down. I couldnt' find a new job but stayed there almost a year after that.

conflicting info here..... now I am confused....

Kezzie

[zyggy 9]

To answer your question Zyggy, my job was terminated at the end of April 2001 and I left the US in early July 2002, does that makes 10-year-ban? : (

Thank you for all the information from everyone here, I really appreciate it. It seems nothing we can do now but to start filing I-129 and we really have to hope for the waiver, I-160. Have to do a lot of research and/or find a good lawyer.

Namwan

It's close... we'd be counting days now... But the waiver is files after the visa is denied. I would start having consultation with an attorney that specializes in waivers. Laurel Scott is one of these attorneys. Her site is at www.visacentral.net. She does a free chat on Wednesdays at 11 am Central Time. You may want to log in and get some free advice.

Edited August 25, 2006 by zyggy

[JasonNamwan 0]

Thank you for your suggestion, I went to the site and it does gives me really useful information. I'll check the chat next week too. Hopefully we'll get any good advice from there. Thanks again.