上次來請教H4簽證未及時延期導致逾期居留的問題,在皮匠的指點和律師的幫助下,已獲得新的H4簽證。再次感謝這裏的各位!
- http://blog.wenxuecity.com/blogview.php?date=200807&postID=1363
但這個簽證是從2月我們遞交的時間算起,
- http://blog.wenxuecity.com/blogview.php?date=200709&postID=13250
所以從去年4月到今年2月,中間有10個月的gap,請問這個問題有什麽辦法得到解決嗎?聽說這個問題會影響將來申請綠卡,另外,我近期需要帶寶寶回趟國,可能反簽時也會被問到?想谘詢一下會不會影響回美國的簽證?有什麽注意事項和彌補措施?
再次感謝各位的熱心幫助!
- 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.