Legal Question in Immigration Law in New York

Please advice what to do?

I am unempoyed on H1B from the very first day.Now i want to get back on my dependent visa.For that do i need to leave the country or could it be done when i am in US?


Asked on 11/05/07, 2:04 pm

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Please advice what to do?

If you never worked after your employer obtained the H-1b status for you and never took steps to change status, you are probably out of status. This generally means that you cannot change status now and would need to apply for a new visa overseas. However, if you have incurred more than six months of unlawful presence in the U.S., you will not be admissible again for three years absent a waiver. This bar is triggered by your departure from the U.S. Consult an immigration attorney before taking any action to have your entire immigration history reviewed.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 11/05/07, 3:07 pm


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