Unlawful present in United States 180 days rule

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Default Unlawful present in United States 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.


your feedback and any workarounds are highly apperciated


Contributors: ravikumar4869
Created by ravikumar4869, Feb 14th, 2012 at 04:52 PM
Last edited by ravikumar4869, Feb 14th, 2012 at 04:52 PM
1 Comments , 1803 Views
Old Feb 14th, 2012, 05:21 PM   #2
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Default Re: Unlawful present in United States 180 days rule

I wish to inform you that the Form I-290B is to appeal the decision of USCIS. The time period in processing the appeal will not count towards your legal presence in USA unless you are successful. If you are successful, then your status will be re-validated. Otherwise, your period of illegal stay will start from the day I-94 has expired. After 180 days of illegal stay in the US, you may face a re-entry ban for 3 years. In case of illegal stay of one year or more, you may face a re-entry ban of 10 years.

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