Legal Question in Immigration Law in New York

First of all, you need to learn about the following two sections if you decide to leave the U.S. and come back in the future: 1) Section 212(a)(9)(B)(i)(I) will bar your entry to the U.S. for three years if you were "unlawfully present in the United States for a period of more than 180 days but less than 1 year . . . [if you] again seek admission within 3 years of the date of [your] departure.� 2) Likewise, section 212(a)(9)(B)(i)(II) will bar your entry to the U.S. for ten years if you have "been unlawfully present in the United States for one year or more, and [if you] again seek admission within 10 years of the date of your departure.�

Secondly, you need to know that non-immigrants admitted until a certain date will generally begin to accrue unlawful presence the day after USCIS denies the benefit or the day after the I-94 expires. Therefore, H-1b should be refiled immediately and short-term unlawful presence should not be penalized by USCIS if it was caused by the employer and beyond the control of the employee.

Unlawful presence should be as short as possible.

Keep in mind that it is critical to maintain lawful presence in the U.S. if you decide to adjust your status to a permanent resident through your employer in the future.

Hope this helps.

Sincerely,

Alla V. Londres

Attorney-at-Law

www.londreslaw.com