上次来请教H4签证未及时延期导致逾期居留的问题,在皮匠的指点和律师的帮助下,已获得新的H4签证。再次感谢这里的各位!
- http://blog.wenxuecity.com/blogview.php?date=200807&postID=1363
但这个签证是从2月我们递交的时间算起,
- http://blog.wenxuecity.com/blogview.php?date=200709&postID=13250
所以从去年4月到今年2月,中间有10个月的gap,请问这个问题有什么办法得到解决吗?听说这个问题会影响将来申请绿卡,另外,我近期需要带宝宝回趟国,可能反签时也会被问到?想咨询一下会不会影响回美国的签证?有什么注意事项和弥补措施?
再次感谢各位的热心帮助!
- The above links may help you to differentiate "visa" and "status", which you may be not clear about.
Looks like your I-539 EOS was approved, and the I-797A approval notice came with an I-94, which is good from Feb 09, to expiration of H-1b.
Your last I-94 expired Apr 08.
Your I-539 was approved with an I-94, which means USCIS has given you a break, for being OOS. However, not nunc pro tunc indicates USCIS did not consider you were in status during the gap.
Although it is not a "nunc pro tunc", it is also good for your situation. At least, your I-539 was not denied due to the ground of being OOS, so you had to leave the US immediately.
Since the approved EOS was not effective from last Apr, you may not be considered in status during 04/08 - 02/09. When being considered OOS, you are subject to 3-yr bar. So you might incur problem in applying visa and getting admission.
On the other hand, if you stay in US all the time since now, to avoid the situation of not being allowed to come back, you may also incur problem in GC because you're ineligible for over 6-mo OOS.
Even though, I would still suggest you to travel internationally, to clarify/eliminate the possible issue which could have arisen, to affect your future GC application. When you are admitted, your I-485 may not be denied due to this OOS.
You have no way to avoid any risk, no matter staying within US or traveling, each has its pro and con. You may take full consideration or consult with your attorney.
I would guess you should have good chance in visa/admission, based on the forgiveness of USCIS.