Tweet
My lawyer filed for both the H1b cap and cap exempt before i finished residency. My I-94 expired on 6/30/13.I never went to my home country and is still in the US until now.we received receipt notice from uscis. While waiting approval, My lawyer got a call from uscis an told to choose only 1 of the filed petitions. I chose the "cap" and not the cap exempt one and was told by my lawyer that I should go home and get the interview a the embassy. Is this considered overstay? What are the chances of denial?hoping for your help. Thank you!
-
-
Hello, Camolito.
This is my personal opinion.
First, i did not understand 'finishing residency.' Could you elaborate what that means? What visa are/were you on?
Second, why would your lawyer file for Cap Exempt in H1B? Did you already have an H1B?
Finally, about your current application. Your I-94 expired on 30th June. I feel you should be considering leaving US because, i) If your H1B application gets declined, you would have to leave US, ii) Even if your H1B gets approved, you cannot start working before 1st October 2013. The work approval shall come into effect from 1st October 2013, for the period 1st July to 30th September, your stay in US will be considered 'Out Of Status'.
You would not be able to just gain a status, you will need to leave the country. When you leave and appear for consular processing, there are chances that might not approve your visa. These decisions cannot be 100% predicted. I feel you should consider leaving USA.
Personal Opinion, i am not an Immigration Professional. (Do consult an attorney).
Hope this helps.
Wishing you luck.
Cheers,
Originally posted by camolito View PostThese are my personal thoughts. I am not a professional.
Wishing you luck.
Comment