Austin_d_powers

Does anyone know what will happen when you try to leave the USA
when your H1B visa has expired for a number of years.

Will they
let you leave?

Lucy

"austin_d_powers" <member26180@british_expats.com> wrote in message
news:...
    > Does anyone know what will happen when you try to leave the USA
    > when your H1B visa has expired for a number of years.
    > Will they
    > let you leave?

They'll let you leave.

They won't let you back.

Lucy

Stuart Brook

austin_d_powers wrote:
    > Does anyone know what will happen when you try to leave the USA
    > when your H1B visa has expired for a number of years.
    >
    > Will they
    > let you leave?

Of course they'll let you leave.

What do you mean by overstayed your visa? Your *visa* has nothing to do
with how long you can stay ... it defines the last date you can apply
for entry in that status. On entry, the officer will give you a date in
your passport and on an I-94 card that will define the duration of your
status. This is NOT the visa. The visa was put into your passport.

Assuming you mean that you overstayed the I-94, after you've left, you
will not be able to return based on automatic bars for a number of years.

Austin_d_powers

Originally posted by Stuart Brook
    > austin_d_powers
wrote:
    > > Does anyone know what will happen when you try to leave
the USA
    > > when your H1B visa has expired for a number of
years.
    > >
    > > Will they
    > > let you
leave?
    >
    > Of course they'll let you leave.
    >
    > What do you mean
by overstayed your visa? Your *visa* has nothing to do
    > with how long
you can stay ... it defines the last date you can apply
    > for entry in
that status. On entry, the officer will give you a date in
    > your
passport and on an I-94 card that will define the duration of your
status. This is NOT the visa. The visa was put into your passport.

    > Assuming you mean that you overstayed the I-94, after you've left,
you
    > will not be able to return based on automatic bars for a number
of years.


This is the short version:

1. Got job in USA.
2.
H1B visa approved but not in passport in time.
3. Entered USA as
tourist.
4. Got H1B in passport by post (but now no entry stamp)
5. Got
stamp and new I-94 in passport (This is a whole story by itself).
6. The
I-94 expired when the first H1B visa expired.
7. Got new H1B visa in
passport by post but still had old I-94 in passport (I-94 now out of
date).
8. Passport expiring - Got new passport by post with current visa
and no I-94, but I-94 was removed from old passport by embassy.
9. H1B
visa expired.
10. Got EAD card.
11. Lost my job.
12. EAD card expired.

13. Applied for new EAD card (had to give it a go).
14. INS said NO
(they knew I lost my job).
15. stayed anyway.

I have been in the USA
over ten years in total.

Therefore have old passport with 2 expired H1B
visas and no I-94,
plus current passport with 1 expired H1B visa and no
I-94,
plus 1 expired EAD card.

Crg14624

Originally posted by austin_d_powers
    > This is the short
version:
    >
    > 1. Got job in USA.
    > 2. H1B visa approved but not in
passport in time.
    > 3. Entered USA as tourist.
    > 4. Got H1B in passport
by post (but now no entry stamp)
    > 5. Got stamp and new I-94 in passport
(This is a whole story by itself).
    > 6. The I-94 expired when the first
H1B visa expired.
    > 7. Got new H1B visa in passport by post but still
had old I-94 in passport (I-94 now out of date).
    > 8. Passport expiring
- Got new passport by post with current visa and no I-94, but I-94 was
removed from old passport by embassy.
    > 9. H1B visa expired.
    > 10. Got
EAD card.
    > 11. Lost my job.
    > 12. EAD card expired.
    > 13. Applied for
new EAD card (had to give it a go).
    > 14. INS said NO (they knew I lost
my job).
    > 15. stayed anyway.
    >
    > I have been in the USA over ten years
in total.
    >
    > Therefore have old passport with 2 expired H1B visas and
no I-94,
    > plus current passport with 1 expired H1B visa and no I-94,
plus 1 expired EAD card.


They should let you leave. It
sounds like you'll have a 10 year bar from coming back to the US without
an approved waiver though.

Stuart Brook

crg14624 wrote:
    > Originally posted by austin_d_powers
    >
    >>This is the short
    >
    > version:
    >
    >>1. Got job in USA.
    >>2. H1B visa approved but not in
    >
    > passport in time.
    >
    >>3. Entered USA as tourist.
    >>4. Got H1B in passport
    >
    > by post (but now no entry stamp)
    >
    >>5. Got stamp and new I-94 in passport
    >
    > (This is a whole story by itself).
    >
    >>6. The I-94 expired when the first
    >
    > H1B visa expired.
    >
    >>7. Got new H1B visa in passport by post but still
    >
    > had old I-94 in passport (I-94 now out of date).
    >
    >>8. Passport expiring
    >
    > - Got new passport by post with current visa and no I-94, but I-94 was
    > removed from old passport by embassy.
    >
    >>9. H1B visa expired.
    >>10. Got
    >
    > EAD card.
    >
    >>11. Lost my job.
    >>12. EAD card expired.
    >>13. Applied for
    >
    > new EAD card (had to give it a go).
    >
    >>14. INS said NO (they knew I lost
    >
    > my job).
    >
    >>15. stayed anyway.
    >>I have been in the USA over ten years
    >
    > in total.
    >
    >>Therefore have old passport with 2 expired H1B visas and
    >
    > no I-94,
    >
    >>plus current passport with 1 expired H1B visa and no I-94,
    >
    > plus 1 expired EAD card.
    >
    >
    > They should let you leave. It
    > sounds like you'll have a 10 year bar from coming back to the US without
    > an approved waiver though.


The bar is automatic ... There are no waivers for this bar from what I
understand.

Even after 10 years, applying for a visa is likely to result in a
refusal for "suspected immigrant intent", and even if you manage to get
a visa, you could still be refused entry for "insufficient documentation
to prove non-immigrant intent".

Expect to be out of the USA for a *very* long time ... like a lifetime.

Crg14624

    > [
    > The bar is automatic ... There are no waivers for this bar
    > from what I
    > understand.
    >
    > Even after 10 years, applying for a
    > visa is likely to result in a
    > refusal for "suspected immigrant
    > intent", and even if you manage to get
    > a visa, you could still be
    > refused entry for "insufficient documentation
    > to prove non-
    > immigrant intent".
    >
    > Expect to be out of the USA for a *very* long
    > time ... like a lifetime.

People can file an I-192 waiver
    > to overcome the 3 and 10 year bars that come with 212(a)(9)(B)(i) and
    > 212(a)(9)(B)(ii). If they can demonstrate that they are maintaining
    > a foreign residence for a few years and they don't plan to abandon it,
    > then the waiver could be approved.

You'd think that this would be a
    > hard waiver to get, but it really isn't. Some people who overstay in
    > the US, move to Canada, and obtain Canadian citizenship, have been
    > known to get the waiver after 3 years or so. This may be easier
    > because they don't need a visa, but many of these waivers are
    > approved.