Out of status on H1B for 5 months - need to apply for visitors visa now

[Pitaya 2,577]

Welcome to the forum.

~Moved from Introducing our Members to Work Visas Forum~

[Cathi 5,742]

Oh hey Mr. Police, thanks for your attention to my post but you may want to read my question again before you post your passionate character questioning comments. What I meant is to state that I need to wrap up things with my current apt in NY and then come back home to look for jobs in my home country. I'm not lying about "a job in China" as I don't have one, I'm saying that the intent to use a visitors visa to return to US to wrap things up and plan to come back after to look for a job in my home country is a legitmate reason.

No one is trying to commit any fraud here ...if you don't have any constructive advice, keep your comments to yourself...seriously

a visitor visa is to visot, not to wrap up our life here, it's for tourism. The CO will want to know why you didn;t wrap things up before you decided to go home. And seeing that you started accumulating unlawful presence the day you left your job no CO is going to be very sympathetic. He isn;t the police, he is telling you facts it isn;t his problem his answer wasn;t the one you were hoping to hear.

[AmyWrites 593]

I don't see how a CO will approve a tourist visa for you.

IMO, much easier to get these companies to get a Skype interview. Cost effective in all ways, and since you have previous US experience, I don't see why not. My husband just got a job after a Skype interview, I'm sure you can.

[kzielu 1,149]

Exactly - OP - you will have to disclose your overstay on a B2 application which reduces your chances for it to pretty much zero.

[Boiler 45,322]

a visitor visa is to visot, not to wrap up our life here, it's for tourism. The CO will want to know why you didn;t wrap things up before you decided to go home. And seeing that you started accumulating unlawful presence the day you left your job no CO is going to be very sympathetic. He isn;t the police, he is telling you facts it isn;t his problem his answer wasn;t the one you were hoping to hear.

As has been mentioned before, he should have sought B2 Status which would have allowed him to tidy up his affairs whilst seeking other employment.

Edited February 21, 2014 by Boiler

[David & Diana R 1,005]

Oh hey Mr. Police, thanks for your attention to my post but you may want to read my question again before you post your passionate character questioning comments. What I meant is to state that I need to wrap up things with my current apt in NY and then come back home to look for jobs in my home country. I'm not lying about "a job in China" as I don't have one, I'm saying that the intent to use a visitors visa to return to US to wrap things up and plan to come back after to look for a job in my home country is a legitmate reason.

No one is trying to commit any fraud here ...if you don't have any constructive advice, keep your comments to yourself...seriously

aaron2020 IS offering you advice. You just don't want to hear the truth. You are asking others to help you defraud the US government. I for one agree with aaron2020. I am not gonna help you commit visa fraud which it sure appears you are trying to do. 5 months was not enough time to "wrap up things in New York?" Are you kidding me? Give me a break...

[RhettVoe 281]

Another individual who apparently believes that he merits a privilege that he has not earned, and wants to do so with some form of deceit....all these stories about reunions, jobs here, jobs there, working for this important company or that one means zilch (that's nothing)....without any real job in China, having violated our laws by overstaying, then attempting to conjure up a bunch of stories, few of which contain much in the way of truth, the OP's prospects for getting a B2 are slim at best...what CO would buy off on all of this chop suey? COs want to be sure that the applicant will be going back to their home country before doling out a tourist visa....and credibility of the applicant is paramount....but certainly no one on this site is going to assist the OP in any way by offering other 'clever' means of fooling a CO into handing over a tourist visa....BTW, you (the OP) are not entitled to one, no matter what your self proclaimed pedigree might be.

[aaron2020 11,651]

Also here's my innocent thought process, while it's true that I don't possess strong ties to China for obvious reasons, but there is zero benefit for me at this point to stay illegally in the US beyond the terms of my visitors visa if nothing pans out - I won't be able to engage in any employment (and they should be able to see from my past employment history that I wasn't just like waiting tables at restaurants or doing things in that nature which you can easily do without proper work authorization, and that the companies I've worked for so far are all top-notch the biggest names in finance, doesn't that somewhat paint a good picture of my future career goals/expectationsw..etc?). Like, what's the benefit for me to stay indefinitely beyond my visitors visa or violate the terms again (as I already am nearing a trigger for ban and any further accumulation will only do great harm to me)..unless I'm fine with remaining as an illegal immigrant there for the rest of my life and do shady things to make a living and why the hell would I want to do that? ---I know this isn't how the consulate sees it but it's just my innocent little mind trying to make sense of my story

Your innocent mind?

Why would you want to stay illegally in the US if granted the visitor visa?

How innocent was your mind when you choose to stay illegally in the US the last time you got a visa?

Innocent mind indeed because you would never overstay your visa and be illegal like the last time you had a US visa.

Edited February 23, 2014 by aaron2020

[MacUK 983]

I'm not an expert but I would assume that the idea of needing to get back to tie up loose ends in the US would actually be detrimental.

Remember that the COs main concern is that ALL tourist visa applicant will be assumed to have immigrant intent until they prove otherwise.

Leaving property in the US, an apartment plus asking for time to look for work tells the CO that you intend to immigrate.

By law, they cannot then approve a tourist visa.