Monday, February 6, 2012

Hi, 

Based on questions we receive from graduating students, I learned some of you might be contemplating overstaying your visa before H1B can be issued or even before H1B sponsor can be found. I would like to share with you what laws say about the consequence. 

The law says, persons who accumulate 180 days or more of unlawful presence after April 1, 1997, and then leave the country, cannot return to the U.S. for 3 years. Persons who accumulate one year or more of unlawful presence after April 1, 1997, and then leave the country, cannot return to the U.S. for 10 years. Persons who illegally return to the U.S. without seeking a waiver, must wait outside the U.S. for a period of 10 years before they can apply for a waiver. The same rule applies to persons who illegally reenter the U.S. after being deported. 

Persons who commit fraud or a material misreprentation are barred from the U.S. for life unless they obtain a waiver, which is hard to obtain. 

So rule of thumb for a happy life in US is never trying to out-smart US laws. Remember many others are doing something does not mean it is a legal and wise thing for long term benefit.  Of course you are encouraged to work with an experienced LAWYER to find smart legal options that suit you uniquely.

Wish you best luck!!

Best Regards, 

Linda Liang 
Attorney At Law
8201 Peters Road Suit 1000
Plantation Fl 33324
1-877-6575407
For Assistance in Chinese: 954-892-5517