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View Full Version : Atypical-interesting case H-1B or GC


lipas1
03-25-2006, 05:11 AM
Here is the story…
I came to US in June 2000 under J-1 visa. I extended my stay and applied for B-2, then went to school and got F-1 student visa. In November 2002 I finally got H-1B work visa (for 3 years). All the time I stayed in US (so visa=status). I left US in November 2005, five days after date on my I-94 card, and went to my home country. Now after almost 6 months I realized how much I miss US and I would love to go back.
What would be the best option?
Should I apply for a green card thru employment, or quicker way would be thru H-1B first?
Is this going to be an issue that I overstayed five days, or I changed my status multiple times while I was in US?
The company where I used to work is growing, and has the most customers ever had, so they would sign my papers and hire me back.
If I apply for a new H-1B visa will I be counted toward cap quota (65,000 visas for this year) or this maybe an extension case because I am out of US for less than one year?
I now it looks a little bit tricky ;-) But I really want to come back, live and work in US. Please let me know if you need more info about my case, so we can blow the confusion.
I am looking forward to hear some opinion about my case.
Thanks
Paul

ronline
03-25-2006, 10:51 PM
for the 5 days overstay - please check with ur company attorney
H1 extensions can be done only when u are in valid h1b status - in ur case it will be a new h1 not subject to cap (since u held h1 status within the last 6 years)
GC is for a future job offer and can be filed for anytime - ur visa status wld not make much of a difference. depending on ur nationality u may be impacted by retrogression.

bzuccaro
03-27-2006, 01:33 PM
You will have to file for a new H-1B. Because you previously held H-1B status within the past six years, you will not be subject to the cap. Thus, your employer can file the H-1B petition right now. It is not an extension because once you stopped working for this employer you fell out of status and therefore have no status to extend.

It doesn't look like your brief overstay will have a negative impact on a subsequent H-1B petition. You may want to have attorney look over your case just to be certain. Your attainment of several non-immigrant classifications should not have any effect.

Your employer can simultaneously sponsor you for a Green Card while you are on H-1B status. You should have the GC process started before your 5th year of H-1B stay so that you are able to seek extensions past the sixth year if necessary due to any backlogs.

lipas1
03-27-2006, 06:12 PM
I know it is difficult to follow my rich biography :)
but I would like to emphasize that I had been on h1b only once for 3 years (not 6)

Thank you for your response.