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


Asked on 10/12/14, 10:20 pm

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

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.

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Answered on 10/13/14, 11:46 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

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Answered on 10/13/14, 3:32 pm


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