fatling123
Junior Member
What is the name of your state? CA
Hi. My brother is on an H1B status. His first 3 years of H1B status associated with Company A expired Dec 14. He switched from Campany A to Company B about half a year ago. His H1B with Company B is pending. His lawyer told him that he needs to travel abroad to get a visa stamp by Dec 14, and if not he will be out-of-status by Dec 14 (with 14 more days grace period). So he drove from Seattle to Canada planning to get a visa stamp.
Problem came up now. He departed US border, and was refused to enter Canada. Now he is trapped in the detention center in the US waiting to be deported back to Macau. I do not understand a few points and would like to clarify it:
1. Is my brother actually out of status when he has a new H1B pending before his old H1B expired? I am on H1B too. I talked to my lawyer and he said that he is not out of status in this situation. From my knowledge, a person does not need to depart the US until his 6 years of H1B status expired, nor he has to get any visa stamp as long as he does not depart US. Who says the right thing? My lawyer or his lawyer?
2. My brother is holding a Portuguese passport which allows him free entry into Canada. If he already departed the US. Why the officers forbid his entry into Canada? That makes no sense to me.
3. Now, they say that because he already departed from the US, and was rejected of Canada's entry, he has no status, and is kept in the detention center. He signed a voluntary agreement that he is willing to leave and go back to Macao, and his lawyer will mail him the new H1B as soon as the lawyer gets it. However, because he is in a sense deported, will he be allowed to enter the US again even with the new H1B and visa stamp? Rather, will he be blacklisted and not able to get his new visa stamp in Macaonor enter the US? Can he enter with a visitor status again (while he already have record in the US as an H1B employee)?
4. He will be seeing the INS people soon, but what is the purpose of it if he already signed a voluntary departure thing? Is ther a way to minimize the 'side effects' (if there is any) if the is dported?
Finally, from my understanding, my brother's whole intent is just to get a visa stamp that he is not required to because he is still in status with his new H1B pending. In that way, he does not have bad intent at all. So in a sense there is no reason that the US should deport him. However, I also understand the situation that he is already departed the US, meaning he gave up his status, but has no visa stamp to get him back. So, my question is, is there a way to argue that he should not be deported? If I get a lawyer to talk to the INS people, does that help at all? In fact is there any way I can help him to minimize all the future inconvenience for his entry into the US or prevent him to be deported?
Thanks a lot
Tekka
Hi. My brother is on an H1B status. His first 3 years of H1B status associated with Company A expired Dec 14. He switched from Campany A to Company B about half a year ago. His H1B with Company B is pending. His lawyer told him that he needs to travel abroad to get a visa stamp by Dec 14, and if not he will be out-of-status by Dec 14 (with 14 more days grace period). So he drove from Seattle to Canada planning to get a visa stamp.
Problem came up now. He departed US border, and was refused to enter Canada. Now he is trapped in the detention center in the US waiting to be deported back to Macau. I do not understand a few points and would like to clarify it:
1. Is my brother actually out of status when he has a new H1B pending before his old H1B expired? I am on H1B too. I talked to my lawyer and he said that he is not out of status in this situation. From my knowledge, a person does not need to depart the US until his 6 years of H1B status expired, nor he has to get any visa stamp as long as he does not depart US. Who says the right thing? My lawyer or his lawyer?
2. My brother is holding a Portuguese passport which allows him free entry into Canada. If he already departed the US. Why the officers forbid his entry into Canada? That makes no sense to me.
3. Now, they say that because he already departed from the US, and was rejected of Canada's entry, he has no status, and is kept in the detention center. He signed a voluntary agreement that he is willing to leave and go back to Macao, and his lawyer will mail him the new H1B as soon as the lawyer gets it. However, because he is in a sense deported, will he be allowed to enter the US again even with the new H1B and visa stamp? Rather, will he be blacklisted and not able to get his new visa stamp in Macaonor enter the US? Can he enter with a visitor status again (while he already have record in the US as an H1B employee)?
4. He will be seeing the INS people soon, but what is the purpose of it if he already signed a voluntary departure thing? Is ther a way to minimize the 'side effects' (if there is any) if the is dported?
Finally, from my understanding, my brother's whole intent is just to get a visa stamp that he is not required to because he is still in status with his new H1B pending. In that way, he does not have bad intent at all. So in a sense there is no reason that the US should deport him. However, I also understand the situation that he is already departed the US, meaning he gave up his status, but has no visa stamp to get him back. So, my question is, is there a way to argue that he should not be deported? If I get a lawyer to talk to the INS people, does that help at all? In fact is there any way I can help him to minimize all the future inconvenience for his entry into the US or prevent him to be deported?
Thanks a lot
Tekka