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  1. #1
    Join Date
    Aug 2008
    Posts
    2

    Default Voluntary Departure Reentry Option

    2. First arrived in USA in July 2003 on a F-1 Visa (Student Visa). Validity from 01 April 2003 to 31 March 2008.
    3. Finished education (Higher Degree) in May 2006. Applied for OPT Card (Employment Card) and received it. Validity from 25 June 2006 to 24 June 2007.
    4. Applied for H1-B specialty occupation and received it. Validity from 04 April 2007 to 29 March 2008.
    5. Applied for Adjustment of Status (AOS) (I-140 under Extraordinary Ability Category EB-1(1), and I-485, concurrently filed). Receipt Date: 13 July 2007. Notice Date: 10 September 2007. Till date the above applications are still pending.
    6. Received EAD based on the above pending AOS application. Validity from 19 September 2007 to 18 September 2008.
    7. Applied second EAD based on the above pending AOS application. Validity from 19 September 2008 to 18 September 2009.
    8. Applied for Asylum on 15 October 2007. Interviewed on 30 November 2007.
    9. Referral Notice and NTA: - Received a Referral Notice, dated 22 May 2008, stating “USCIS not granted claim for Asylum”. However it also says “Not a Denial of your Asylum Application”. Also attached was a NTA stating that “after 29 March 2008 stayed in USA without authorization. The first Master Calendar Hearing for the above NTA was scheduled on 7 August 2008 but is now postponed to 5 February 2009.
    10. My present company applied for H1-B visa on 1 April 2008 under consular notification. This H1-B visa petition was approved and is valid for visa stamping after, 1 October 2008, in my native country.

    Please note that till date my I-485 is pending and have valid EAD to work in USA.

    My question:
    1) Can I take voluntary departure and go to my country and get visa stamped. Then come back to USA? Will there be any bars for me?
    thanks in advance

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Voluntary Departure Reentry Option

    Your recited overstay from March 29 through the present exceeds 180 days, and will thus trigger a three year period of ineligibility.

  3. #3
    Join Date
    Aug 2008
    Posts
    2

    Default Re: Voluntary Departure Reentry Option

    Thanks for the reply.
    NTA reports 29 March 2008, therefore 180 days will be 29 September 2008.
    Moreover I had my Asylum Application pending till 22 May 2008. This will further push back my 180 day period limit. Since as long as my Asylum application is pending, I am in valid status.

    Please let me know.

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