H-1b visa grace period [merged threads]

[SalishSea 16,806]

2 hours ago, sammyiee said:

Yes but I have a filed I-539, so my main concern is that right now.

Seems like there is a large disconnect here in terms of understanding what is at stake.

 

OP, I don't think we are capable of helping you with this.  You seal your own fate with your choices.

[JeanneAdil 6,213]

3 hours ago, sammyiee said:

Yes but I have a filed I-539, so my main concern is that right now.

We have seen on here that people who filed and the decision went past their "departure date for the current visa"  have been denied the extension and immediately they receive notice of deportation

u really should not  take that chance but it appears u have decided to do just that

so, prepare for the overstay problems

 

please ,  if it works for u,  let us know 

 

 

[arken 4,197]

18 hours ago, sammyiee said:

So I know I have posted thousand things here.... but here is the new situation... I know I am being super indecisive....but my employers called me today and said they are ready to file my H-1b today!! As i mentioned, I have already submitted I-539 which puts me in this tricky spot. I was wondering if I am able to still withdraw, go back home by tomorrow and focus on H-1b.

 

17 hours ago, sammyiee said:

Yes but I have a filed I-539, so my main concern is that right now.

 

There is no tricky spot or concern for your i539. If you leave today, you will not have overstayed. While future h1b visa is not a guarantee but at least you won't have an overstay in your record. Keep the evidences of your departure like boarding passes or passport stamps at the destination country. You can withdraw your B2 COS anytime from abroad. Nobody is touching your B2 COS for another 6 months or more. Whether you apply for withdrawal today or a week/month from now, it's the same thing.  It's best to apply for withdrawal after you have left with the evidences of departure so they don't send you an NTA. Focus on leaving today not to close the door or future non immigrant travel or stay. Have your employer file the H1B with consular processing and not a COS in the US.

Edited September 10, 2022 by arken

[sammyiee 1]

An update on this case!!

 

This was one of the hardest decisions I had to make last year. So many of the people here and on the internet told me to "get on a plane", "go back home", etc, etc, and that I would eventually be deported bla bla bla..while I really understand where that is coming from, and its NOT advisable to stay once your visa has expired unless you've taken any other legal actions, I will say this, TAKE EVERYTHING ON THE INTERNET WITH A GRAIN OF SALT...sometimes, things work out and my case is a solid proof that every case is unique and what may work for me may not work for everyone, or what didn't work out for people may work for you. So you know what's good for you.

I learned it the hard way!! I thought I was doing the wrong thing here, by filing a tourist visa that was believed to take forever to get approved, there were so many people warning me that I'll be stuck forever and eventually get deported but here's what happened from the last time I was here.

 

Despite everyone saying its not the right choice, I still filed for a tourist visa, buying more time to stay here while my employers were busy sorting the visa situation out. 

It was really essential for me to physically be in the States as I had to be on calls, respond promptly to emails, be on top of the communication with my employers. I couldn't have done the prompt communication if I were back home.

 

My employers hired immigration lawyers and trust me the only person you'll need to ever listen to are the immigration lawyers! They know what's best, I wouldn't rely so much on the internet for any expert insight. I explained to them what's going on with my visa situation and they let me know the possible scenarios which wasn't all negative, there was hope things still would work out.

It took them approx. 2 months to file for the H-1B under premium processing, they were super slow in filing but we got the decision early on, and as expected USCIS, asked for extra evidence (RFE). RFE isn't the end of the H-1B process, its just USCIS asking for extra information. 

Now while this is happening my tourist visa application was still pending, so this needed to be approved for my H-1B to process. Finally, towards the end of November,  USCIS approved my tourist visa application!!! This was very surprising as I almost thought it would never get approved and my employers would decide to move on..but it worked y'all....and this removed one hurdle out of the way.

 

So with that out of the way, the lawyers filed for the RFE towards the end of December, and everyone was super nervous what the outcome would be...but the lawyers were positive for a favorable outcome. So this long weary legal process ended on a high note when USCIS approved my H-1B application on December 30th!! 

 

Final message to everyone here is don't take a no for an answer, because things work out sometimes despite what the critics say and my situation is one concrete example. Every situation is unique like I said earlier so don't let someone's "expertise" hold you down. Take legal steps, and if you are very confused, along the process, get in touch with an expert, and just listen to them, don't overwhelm yourselves with information out there. There are a lot of people to say "NO this won't happen", and only a few to say "there's a slight chance", so pick your poison!! Thanks for coming to my TED Talk!!

 

 

[Chancy 6,233]

23 minutes ago, sammyiee said:

USCIS approved my tourist visa application

 

This would have been a great update, except that USCIS does not approve visa applications of any kind.  Visa applications are only approved by Department of State consulates outside the US.  Maybe you mean USCIS approved your I-539 Change of Status to B2 or H1B.

 

Edited January 6, 2023 by Chancy
typo

[sammyiee 1]

13 minutes ago, Chancy said:

 

This would have been a great update, except that USCIS does not approve visa applications of any kind.  Visa applications are only approved by Department of State consulates outside the US.  Maybe you mean USCIS approved your I-539 Change of Status to B2 or H1B.

 

Yes, you know what I mean! Sorry for my lack of knowledge for using the right terminology. 

 

 

[powerpuff 5,914]

~~ Duplicate thread removed. Please do not start multiple threads pertaining to the same/similar topics - that is spamming. Please keep all follow up comments in this thread only ~~
 

14 minutes ago, sammyiee said:

I was working with a company that sponsored my H-1B. It was a contract role, and unfortunately, they decided to discontinue it in July of last year. Soon after that, I started re-applying to other jobs, and got an offer with an employer ready to sponsor me. This all happened towards the end of my previous H-1B grace period. So..I was in a difficult position where I only had a week left on my h-1b grace period, and my new employers (who had never sponsored any work visas) were trying to wrap their heads around this process. I knew for sure that they wouldn't be able to file it before the end of my grace period, so...I had to decide whether to leave the country or to file for  a status change (B-2). Each of these options had equal risks. My employers were still back and forth on whether or not they want to take this process on, and I didn't want to leave the country without being assured of what they would do..I mean I had so much things to warp up here even if I did decided to leave, like my apartment, bank accounts, furnitures, etc etc. So a couple of days went by, me, struggling to decide what the best route to take would be. During this process, a friend recommended me this site, to get some possible insights from people who may have had similar experience and so I did.

 

This was one of the hardest decisions I had to make last year. So many of the people here and on the internet told me to "get on a plane", "go back home",  "you are making a mistake", etc, etc, and that I would eventually be deported bla bla bla..while I really understand where that is coming from, and its NOT advisable to stay once your visa has expired unless you've taken any other legal actions, I will say this, TAKE EVERYTHING ON THE INTERNET WITH A GRAIN OF SALT...sometimes, things work out and my case is a solid proof that every case is unique and what may work for me may not work for everyone, or what didn't work out for other people, may work for you. So you know what's good for you.

I learned it the hard way!! I thought I was doing the wrong thing here, by filing a status change to B-2 that everyone believed would take forever to get approved. There were so many people warning me that I'll be stuck forever and eventually get deported but here's what happened from the last time I was here.

 

Despite everyone saying its not the right choice, I still filed for a status change to B-2, buying more time to stay here while my employers were busy sorting the work visa situation out. 

It was really essential for me to physically remain in the States as I had to be on calls, respond promptly to emails, be on top of the communication with my employers. I couldn't have done the prompt communication if I were back home.

 

My employers hired immigration lawyers and trust me the only person you'll need to ever listen to are the immigration lawyers! They know what's best, I wouldn't rely so much on the internet for any "expert insight". I explained to them what's going on with my visa situation and they let me know the possible scenarios which wasn't all negative (as claimed by the internet), there was hope things would still work out.

It took them approx. 2 months to file for the H-1B under premium processing, they were super slow in filing but we got the decision early on, and as expected USCIS, asked for extra evidence (RFE). RFE isn't the end of the H-1B process, its just USCIS asking for extra information. 

Now while this is happening my status change application was still pending, so this needed to be approved first for my H-1B to process! Long shot..right? However, towards the end of November,  USCIS approved my status change petition!! This was very surprising as I almost thought it would never get approved and my employers would decide to move on..but it worked y'all....so this removed one hurdle out of the way.

 

So with situation sorted, the lawyers filed for an RFE towards the end of December, and everyone was super nervous what the outcome would be...but the lawyers were positive for a favorable outcome. So this long weary legal process ended on a high note when USCIS approved my H-1B on December 30th!! 

 

Moral of the story, don't take a no for an answer, because  sometimes, things work out despite what the critics say and my situation is one concrete example. Every situation is unique like I said earlier so don't let someone's "expertise" hold you down. Take legal steps, and if you are very confused, along the process, get in touch with an expert, and just listen to them, don't overwhelm yourselves with information out there. There are a lot of people to say "NO this won't happen", and only a few to say "there's a slight chance", so pick your poison!! Thanks for coming to my TED Talk!!