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H1 Visa Out of Status

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  • H1 Visa Out of Status


    Been to US 4 years back and was out of status for 175 days.

    Later after 1 year, entered US on B1 (got valid B1 for 6 years) with no issues. Now current employer (after B1 visit 2 years gap till now) wants to send on B1 plus file for H1. But this employer says I will never be able to enter as Out Of Status once. Also says, I was lucky to get B1 and to enter USA without issues earlier.

    That may not be the case every time he says as out of status. Any time they can deport even if I enter on B1. And H1 filing is not at possible.

    if any one can please have an idea on this how to proceed. What are the chances of me entering on B1 successfully. Is it safe first of all? Also will I be able find an employer who can file for me in-spite of my above status.

    Also I don't have any intention to stay permanently there. When I entered second time US (on B1), I did not extend/gone to out of status, if permanent stay was my intention.

    First time it was due to sheer ignorance, blunder. Well law do not see in that way! Any ideas???

    On reading web sites it seems 3 year non-entry will do? Is it so? Do I need to get exclusive legal help as it is a special case ?

    Thanks in Advance.