I don't think so. Being out status is different from being 'unlawfully present'. Only unlawful presence for 180 day/1 year will trigger 3/10 bar There are two ways to be unlawfully present: 1. Stay pass the date on your I94 2. Your I-94 is not expired, but an immigration judge explicitly notified that you are out of status. Your unlawful presence will start from the date of the finding by the judge. Being unlawfully present for more than 180 days will trigger 3 year bar. But it's always good to
【在 P******0 的大作中提到】 : 是的。 : 但是比较保险一点的做法是被LAY OFF之后不要超过180天,因为理论上讲你被lay off : 那天H1B 就out of status了,深究起来的话180天应该从那天开始算。
P*0
35 楼
An immigration lawyer will tell you, in the most strict sense, you'll start accumulating unlawful stay starting from the day you're laid off.
date
【在 s*******e 的大作中提到】 : I don't think so. Being out status is different from being 'unlawfully : present'. Only unlawful presence for 180 day/1 year will trigger 3/10 bar : There are two ways to be unlawfully present: : 1. Stay pass the date on your I94 : 2. Your I-94 is not expired, but an immigration judge explicitly notified : that you are out of status. Your unlawful presence will start from the date : of the finding by the judge. : Being unlawfully present for more than 180 days will trigger 3 year bar. : But it's always good to
【在 P******0 的大作中提到】 : An immigration lawyer will tell you, in the most strict sense, you'll start : accumulating unlawful stay starting from the day you're laid off. : : date
P*0
37 楼
Both examples actually further support my answer. If, for any reason, USCIS decides to look into your case, and determines that you fail to maintain H1B status, you start to accumulate unlawful stay from the date you're laid off. This is exactly what I mean by "深究起来”。
read again carefully, the date you start accumulating unlawful presence is when they officially 'find' you are out of status. it does not back track to the date when you actually fall out of status
【在 P******0 的大作中提到】 : Both examples actually further support my answer. : If, for any reason, USCIS decides to look into your case, and determines : that you fail to maintain H1B status, you start to accumulate unlawful stay : from the date you're laid off. This is exactly what I mean by "深究起来”。 : : an
p*u
39 楼
你需要好好咨询一下移民律师,因为你对于out of status和unlawfully present的区别 没有搞清楚 楼上哪位说的是对的
stay
【在 P******0 的大作中提到】 : Both examples actually further support my answer. : If, for any reason, USCIS decides to look into your case, and determines : that you fail to maintain H1B status, you start to accumulate unlawful stay : from the date you're laid off. This is exactly what I mean by "深究起来”。 : : an