Legal Question in Immigration Law in California

Due to denial of my EB3 I140 ,My 6th and 7th H1b extension was denied and now they are in appeal .

Applied for EB2 labor and got approved and also EAD/AP approved recently and now my EB2 I-140 filling is now pending.

My concern is Can i go back to my home country and return back to US on my this approved AP or not because i heard that due to denial of my EB3 -140 and 6th and 7th H1b extension denial ,i was out of status for more than 180 days in US and on my return to US using aproved AP ,immigration officer will deport at the airport because i was out of status for more than 180 days because in these days My EB2 labor was not approved yet?is it true that i was asked to leave at the re entry to US using AP at this situation?


Asked on 10/02/09, 1:53 am

3 Answers from Attorneys
Charles Medina Law Office of Charles Medina

If you do not incure unlawful presence for more than 180 days, you will not be barred from applying for admission.

You may visit our website at www.medinalawgroup.net or contact us via [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

Read more
Answered on 10/02/09, 2:07 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

You may not be deported at the airport if the problems is not caught, but I wouldn't assume you have no problem even if you were to accomplish that. It all depends on when things happened, and without dates of all the information mentioned, I can't give you an opinion. The time the I-485 was pending doesn't count toward unlawful presence. You'd have to add up the time after expiration of your I-94 (if before filing the I-485) and since the denial of the I-485 to figure it out.

For a definitive answer to your particular question, feel free to contact me. The above is not specific legal advice but information only. It does not form an attorney/client relationship. I can be reached at 818 609 1953 or [email protected].

Sincerely,

Alice Yardum-Hunter

Certified Specialist, Immigration & Nationality Law, State Bar of CA

Designated in "Super Lawyers" 2004-2009 "Los Angeles Magazine"

Read more
Answered on 10/02/09, 3:29 am
Jennifer Brill

The information you provided was not detailed enough to state whether or not you would be barred from admission according to the 3/10 year bar. If your H-1B 6th year and you H-1B 7th year are both on appeal, and appeal was filed in the appropriate amount of time, then it's possible you may be able to fix it. However, whether you should even attempt to leave the US and re-enter using your AP is another question. The details are complex, and you need an immigration attorney to help you determine what the best option(s) are. Hopefully, tyou are using an attorney to navigate through the filings, appeals, etc. For further questions, you may contact our office off line at 415-387-1364 or [email protected].

Read more
Answered on 10/02/09, 12:24 pm


Related Questions & Answers

More Immigration Law questions and answers in California