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  1. #1
    Join Date
    Feb 2008
    Posts
    1

    Default Expired H1B While Waiting For Priority Date

    I am in CA
    I have an approved notice for H1B but ineligible to stay. I am notified to leave the country and get my visa from a US Embassy.
    My visa expired for 192 days. my last entry into the US was in 2001 with my F1 status.

    My question is... What should I do?
    I have an approved I-140 and waiting to submit my I-485 because my priority date is not yet current. Will this help?

    If I go back will I be able to come back? what is my chance?

    A friend suggest me to wait for a deportation notice and get a judge to officially have me deported. That way I will not get the 3-year ineligibily to reenter US. Is this true?

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Expired H1B While Waiting For Priority Date

    If I understand you correctly, you have no status, have overstayed for more than 90 days, and (obviously) cannot complete the H1B process from within the United States. If you leave you will be subject to a 3 year period of ineligibility due to your overstay. If you are deported, that could increase substantially.

    If you want to legally stay and work in the United States, you've put yourself into a bad situation. All I can really do is suggest consulting an immigration lawyer.

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