回複:8 teacher,my friend has been in US for 6 years,

8 teacher,my friend has been in US for 6 years, has not gone back ever since, and have two kids, born in the U.S, she is on H4, and she is currently over staying less than 6 months, and unauthorized working too,

-Is her spouse status still H1? Why did she overstay?

if she goes back to China within overstaying less than 6 months, Can she apply B1/B2 come out?

-Her overstaying may affect her B2 visa application because the VO officer does no like people to overstay. But she can try if she has no chocie. But B2 status can not solve her proble because B2 is a short term visa.

 and is she eligible to apply one child asylum in the U.S at same time?

-Don't think so it will work and I do not suggest this idea.

 Is that mostly likely she cannot get any B1/B2 approved due to her any amount of overstaying period?

or can she apply H4 come in again (another 6 year H4, previous H4 is expired)

-Depends on her spouse H1 status. If her spouse H1 can be extended beyond the 6 year limit (e.g PERM filed a year ago or has the approved I-140 before the 6 H1 ends), she can get the h4 visa.

and is she eligible to apply one child asylum at same time?

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Thank you for your reply,8 teacher! -蟲子在線- 給 蟲子在線 發送悄悄話 (0 bytes) () 10/24/2011 postreply 10:22:22

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