Legal Question in Immigration Law in New York
I have an H!B notice of Action which has an expiration date of 4/30/2014. I was advised on 9/30/2014 to leave the US by 10/27/2014. I need time to arrange my affairs for departure.
Can I switch to a new visa e. g. a Visitor's visa, to avert penalty for overstaying my time in the US?
Can I be deported?
Thanks for replying to my queries.
Hyacinth
Thanks for yo
2 Answers from Attorneys
You start accruing illegal presence once your H-1B period of stay expires, or if you are fired or quit your H-1B employment.
If your status expired in April, you are already out of status & cannot change status. Furthermore, if you accrue 180 days or more of illegal presence, you will face a 3/10 year bar to re-entry (into the United States), once you depart.
I suggest you leave the U.S. now. I'm not sure why your employer's attorney didn't forewarn you of this months ago.
Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
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