回复：Out of status for less than 60 days - chance of new visa agai

I am out of status for about 50 days due to using EAD card based on EB1-A.Then My I-485 was denied in Oct 2. Before that I was on H4 till 09/16/2009. Three days after the dinial, I filed H1-B application and got my new H1B approved in 10/13/2009 w/o new I-94.

I am going to leave US next week for a new H1B visa to activate my H1-B and re-enter US. Is it difficult to get a visa after having minor out-of-status days? Should I answer "yes" or "no" about the question if I had "unlawful presence in US"?
-Answer "No". Actually you have no unlawful presense. You were on AOS until Oct. 3 when your I-485 eas denied and then, you still were allowed to stay (lawful presence) for one month after the I-485 denial (Nov. 3). Before Nov. 3, you had already filed your H1 application. So,, you have no any unlawful prsence rpoblem. Thus, you should have no problem to get the H1 visa. So, Do not worry.

What could I do to increase my chance. I had a son in US. Really hope the visa issue goes smooth. I can't bring my son with me due to lack of travel documents.

Any inputs are appreciated. Thank you.

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• 回复：回复：Out of status for less than 60 days - chance of new visa a -palmtree- ♀ (129 bytes) () 11/08/2009 postreply 13:12:44