回複：pjiang, 862311---help!!! Ergent

Hello, my friend lost his h1b job in 2010 january, but he stayed here with legal authorization ,without a status after the expired H1b. This month he received a notice of Removal Proceedings. So question he has now:
1. If he leaves right now, can he apply for a H4 visa outside of USA (his wife is holding H1 now)?
-Yes. But he needs to see the immigration officer of Immigration and Customs Enforcement (ICE) following the instruction in the Notice of Removal Proceedings he received and then, tells the officer that he will leave U.S. immediately. He had better discuss this issue with his lawyer before he see the ICE officer.

Is there any law states that he will not be granted for this H4 visa type due to the violation of his status?
-No., it depends on the decision of the visa officer.

Is there any law states any type of bar for him to enter into USA again?
-Because he has no unlawful presence > 180 days yet, he should be OK to enter U.S. if he gets the visa.

2. What is the situation now for H4 application in Beijing recently?
-I do not know.

Anyway, it is important that he should talk to his immigration lawyer about this issue before he sees the ICE officer. I think the thing is still under control, so do not need to be panic.