Ovestay on a 10 year B1/B2 visa (I-94). Can i enter USA after exiting?: Please Help

[Baywork]

Hello, Reader.

Please help with your thoughts.

I entered USA in October 2011 on a 10 year B1/B2 visa granted in 2011. I was allowed a 6 month stay upon entry to USA in October 2011, i.e. till April 2012. In March 2012, i found an employer who sponsored my H1B visa (I, in the past, was also given a H1B visa in July 2008. I left USA in July 2009 and started working in India).

In July 2012, i received a H1B rejection notice from USCIS, this was after expiration of my I-94 in April 2012. Upon receiving the rejection, i left the USA immediately.

I plan to visit USA for a holiday, is my B1/B2 valid? Will i be allowed entry to the United States?

Please advice.

Thank you,
Bay

[raghvi]

Technically your B1/B2 hasnt become void so you should be allowed entry on a valid B1/B2.



If you overstay the end date of your authorized stay (I-94 date), as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel unless;

- You have filed an application in a timely manner for an extension of stay or a change of status;
- That application is pending and not frivolous;



This is my opinion not legal advice.

[peace999]

As I understand , You filed the change of status from B2 to H1 which was denied in July '12 . correct?

And did you turn in your old I-94 to the airlines when leaving US?

SInce you left asap. you did nothing illegal.

On next entry, take your denial notice and boarding passes
of departure flight from USA, with you. . If they ask you about overstay. you can convince them
you left as soon as you received the denial notice. If you do not have the boarding passes,
take a "FLOWN' statement from the airline. Usually the airlines keep that record for one year.
If that is not possible , they can see the arrival stamp in India on your passport.

[Baywork]

Dear Raghvi, and Peace999,

Please accept my heartfelt thanks for your kind response.

Peace999 - Yes. I had applied for a status change from B1/B2 to H1B. I handed over my I-94 to the Airline staff at the time of leaving. I do not have that Boarding Pass, i will have to reach out to the Airlines for any further help, like the one you mentioned. I do have the India Arrival stamp for July 2012, and further i did manage to travel other countries (Czech Republic, China) in October 2012 and November 2012 respectively - i have their visas and entry & exit stamps.

My one more question is: If i am allowed entry to the USA on B1/B2, will i now be allowed to file for status change for my H1B (if someone sponsors me)?

Thank you once again for your kind help.

Cheers,
Bay

[raghvi]

Dear Raghvi, and Peace999,

Please accept my heartfelt thanks for your kind response.

Peace999 - Yes. I had applied for a status change from B1/B2 to H1B. I handed over my I-94 to the Airline staff at the time of leaving. I do not have that Boarding Pass, i will have to reach out to the Airlines for any further help, like the one you mentioned. I do have the India Arrival stamp for July 2012, and further i did manage to travel other countries (Czech Republic, China) in October 2012 and November 2012 respectively - i have their visas and entry & exit stamps.

My one more question is: If i am allowed entry to the USA on B1/B2, will i now be allowed to file for status change for my H1B (if someone sponsors me)?

Thank you once again for your kind help.

Cheers,
Bay

What would you say when they ask you the intent of your trip? If you say visit/tourism then obviously you are violating your intent by searching for a job. If you say you are entering US to search for jobs they may out-rightly reject and send you back, I would not suggest you risk that.
Searching for jobs is not a purpose of B1. Immigration officers at the POE are trained to cross question in order to determine the purpose of visit, and if caught on the wrong foot you might be deported.

Even if you do get a an employer willing to file H1 petition for you I would strongly suggest you dont do a COS but rather a Consular process and go back to India, get H1 stamped in India and return on the stamped H1. If you try to do a COS again this time and again it gets rejected it would certainly not appear nice during any future visa applications/travel to the US.

This is my opinion not legal advice.

[Baywork]

Thank you, Dear Raghvi.

I agree to and understand what you are saying. Thank you for this support.

I agree that one should enter USA on the correct visa as per the intent of entry. I will reach out to this forum for any further queries. For the moment, this exchange with you and the other member is extremely helpful.

I am deeply grateful.

Cheers,
Bay

[Baywork]

Dear Peace999 and Raghavi,

Please accept my heartfelt thanks for your kind support.

I managed to enter US with my scenario. The visa officer asked me about my reasons for long stay on my last visit. Apparently he was not very pleased that i stayed the whole duration of 6 months and more. However, upon furnishing my H1B Denial letter, he permitted me to enter and asked me if i would be filing petitions again this time (To which i responded in the negative).

After some more questions, i was finally allowed entry and granted 6 month stay again. I, ofcourse, do not plan to stay for long durations on B2 visa now. Lesson learned.

Thank you so much Peace999 and Raghavi.

Cheers,
Bay