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Posted

They did not kept our passport. I mean like isnt it like a form of trafficking since they didnt take a fast action regarding our visa? the season is almost over and it is still currently pending.

Will the consul or embassy will grant us another working visa if we applied next year if we tell the truth that we worked with an agency? Is telling the truth will forgive me since everything happened like my visa was pending for a long time and decided to leave US since waiting for the petition doesnt make sense anymore..

please help.

If you tell a CO that the reason you overstayed and worked illegally was because your agency did human trafficking they definitely wouldn't issue you a new visa for your own protection. You're getting ridiculous.

I personally don't think the overstay will be an issue if you leave before the 6 months because you had a pending petition (if it works the same way as a petition for extending a visa), but your issue will be that you worked illegally and that the CO will know that you did.

Posted

I know you're not liking the answers you're getting but there's no way around this at this point. It really is up to you to make sure your visa is in good standing. You can't blame anyone else for this. The CO will know you worked illegally the next time you try for a visa so lying will only get you a worse ban.

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

2019-06-04 New biometrics letter received

2019-06-10 Biometrics

2019-06-18 ROC Approved
2019-06-25 10 year Green Card in hand

Filed: Timeline
Posted

Thank you for your reply! I've been talking with different immigration lawyers now, they said that since the form i-129 petition for H2B was filed on time before my grace period expires they said that I'm not showing unlawful presence since I have a pending petition with USCIS. The main issue now that I'm facing is if I apply for another type of visa and the CO asked me if I worked in the US while the my petition / case is pending... Any idea if the consul or embassy will still grant me a visa? Or have you heard anything that someone tell the truth that they worked and still received a visa ? I believe it happens a lot since there are a lot who worked with work agency..

Filed: Timeline
Posted

Hello everyone!

I would like to with regards to a changing of status from J1 visa to another non immigrant visa type. Someone filed a petition for me- change of status to a non-immigrant visa (H2B - seasonal working visa).

Does filing the petition/case during my " 30 days grace period " is fine since I'm still considered legal by that time?

Just to let you know that I'm NOT subject to 212E or 2 year rule.

Please help.

Filed: Timeline
Posted

~two similar threads merged. Please refrain from creating multiple threads on one topic~

VJ Moderation

Sorry about that. I did created the new topic in a different section which is in the exchange visitor area and I thought that's the right place to post it.

Filed: Timeline
Posted

Anyway, does changing or filing a petition from J1 to H2B during my " grace period " is alright? I'm still considered in-status during grace period right?

I'm not subject to 2 year rule.

Please help.

I know you're not liking the answers you're getting but there's no way around this at this point. It really is up to you to make sure your visa is in good standing. You can't blame anyone else for this. The CO will know you worked illegally the next time you try for a visa so lying will only get you a worse ban.

Thank you for your reply! Do I need any waivers or anything to show to the CO if they asked me if I worked? Or are there instances that someone tell the truth to CO and still issued a new visa?

Filed: K-1 Visa Country: Wales
Timeline
Posted

As you have spoken with lawyers I am wondering what you have not gone through this in detail with them.

My understanding is that if the H2b was approved then yes you would not be out of status but you have been working without authorisation.

Is it common, probably, have seen some similar cases. Does the agency care, presumably not as they will just employ new people next year so not an issue for them.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

I think it's best you hire one of the lawyers you've consulted with. They seem to know a way to keep you in legal standing that we do not.

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

2019-06-04 New biometrics letter received

2019-06-10 Biometrics

2019-06-18 ROC Approved
2019-06-25 10 year Green Card in hand

Filed: Timeline
Posted

As you have spoken with lawyers I am wondering what you have not gone through this in detail with them.

My understanding is that if the H2b was approved then yes you would not be out of status but you have been working without authorisation.

Is it common, probably, have seen some similar cases. Does the agency care, presumably not as they will just employ new people next year so not an issue for them.

Thank you for your reply ! I dont think that the H2B visa that they filed for me will succeed. I will definitely leave the USA before end of october. Are there waivers or anything to show to CO if I re-apply that the agency told us that we can work even our visa is still pending with USCIS.

Filed: K-1 Visa Country: Wales
Timeline
Posted

H2b was for the period up to the end of October, not sure what happens if it is still o/s, obviously that is the end game anyway.

Wonder if they might just close it as the issue is moot?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

H2b was for the period up to the end of October, not sure what happens if it is still o/s, obviously that is the end game anyway.

Wonder if they might just close it as the issue is moot?

Yeah looks like it is the end of the game either so I'm planning to exit US right away.

Sir Boiler, do you think, are there still chances for me to apply and receive another H2B visa if I applied from my home country next year since I'm still under the 180 days and not subject to a 3 year ban.. the only problem that I'm facing is that if the consul asked me if I worked illegally. Are there still chances or have you heard anything like that they still receive a visa?

hoping to hear from you sir! Thanks!

Filed: K-1 Visa Country: Wales
Timeline
Posted

Does the same company wish to sponsor you next year?

There is no way of being certain, but obviously working when not authorised to do so is not a positive.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

Does the same company wish to sponsor you next year?

There is no way of being certain, but obviously working when not authorised to do so is not a positive.

It will be a different company who will sponsor me next season..

Okay so what can you say about my case? The employer who filed a petition for me said that I can work even if the visa is still pending.. Are there ways that I can prove that to the consul if ever I reapply next season? Is a written letter from a lawyer will help? Can you advise what should I do?

Filed: K-1 Visa Country: Wales
Timeline
Posted

You have a letter from a lawyer saying you were authorised to work?

I take it you are certain that the agency applied for a H2b?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

You have a letter from a lawyer saying you were authorised to work?

I take it you are certain that the agency applied for a H2b?

What I'm saying is that the agency told me that I can work even if the visa is still pending.. I'm asking you if ever are there ways that I can show to consul or embassy or any waiver to prove that I was just advised that it is okay to work even if the visa is still pending.

Im sure that they applied and filed a petition for me for H2B since I have a receipt number with me.

 
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