QUESTION
Will I be eligible for an H4 visa if my mom applies for an H1 visa?
Asked on May 28th, 2011 on Immigration - Texas
More details to this question:
I entered the U.S on a valid tourist visa. I am however a minor. My i-94 expired in March this year. My visa although is still valid until July. My mom's visa is valid for the next four years and she is still legal. If she applies for H1 visa, would I be eligible to receive h4?
2 ANSWERS
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Your status in the US terminated as of the date listed on your I-94 card, not the visa. So you are currently out of status. You need to leave the US in order to obtain H-4 status. You will do this at the US consulate in your home country. Because you are a minor, they probably will not penalize you for the overstay but I do recommend that you leave quickly. Also because you overstayed, technically your B-2 visa is cancelled under 222g. You are not supposed to use it again and it is very unlikely that DHS will let you in on it, given your overstay on this trip.
Answered on Jun 02nd, 2011 at 9:51 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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As you are currently out of status, you will not be eligible for a change of status. If your mother is an H-1B and you are a minor, then you can apply for the visa at your home consulate; but you cannot file from the U.S. Your visitor visa (if you have one) is cancelled by operation of law due to your overstay. You certainly should leave the U.S. before you are out of status for 180 days (about 6 months) from the date of your B-2 I-94 expiration. If you leave before then, you will not be subject to the 3-year bar. You will need to explain why you overstayed and you must not have otherwise violated your status. Please call and I will explain your options. Thank you.
Answered on Jun 01st, 2011 at 11:41 AM