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Unlawful presence in United states for more than 180 days rule

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  • Unlawful presence in United states for more than 180 days rule

    I had an H1B transfer from employer A to employer B, H1B with employer B was approved without I-94 asking me to go for a consulate processing in India or apply for a I-290 B. If I have applied I-290 B with supporting documents and waiting to hear from them

    In the notice given by USCIS it is mentioned as : The decision leaves the alien without lawful immigration status and alien is therefore present in the united states in violation of law. the alien is required to depart united states. Remaining in united states without authorization may result in the initiation of removal proceedings against the alien and may affect their ability to return to the united states in the future

    It has been 5 months I have applied for I-290 haven't yet heared from them, does the 180 days unlawful presence rule for 3 year bar deportation applies to me or my situation if so can you please explain. I am in United states and waiting to hear from them and reaching the 180 days limit.


    can you please suggest any workarounds for the situation above,

    you feedback is highly appreciated

  • #2
    It can take about 1 to 1.5 years to get a response on I-290. If it gets resolved in your favor, then you are good. If not, your presence in the country from your previous I-94 expiry date will be treated as illegal stay. If it is more than 180 days, the you can get an automatic ban of 3 years. If it is more than a year, you can get upto 10 years of automatic ban. There is no work around. You should have left the country when you received the approval notice without an I-94 and return back on a valid visa to secure an I-94 at the POE. You have made the situation unnecessarily complicated for yourself. I suggest you consult an immigration attorney.
    Not a legal advice. Use of this information is strictly at your own risk.

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