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H1-B extension denied,Can I get a COS to B1,to buy time,to stay and pack my stuff to leave the USA.

Las Vegas, NV |

My H1-B extension was denied on 20 Oct,presently out of status,can my family and I apply for B1 visa,while in the US,to be able to stay till school closes in December,and also to be able to pack up 6 years of accumulated stuff to leave the USA, Need to sell stuff,pack stuff,but being out of status,does not give one ample time to pack up and move,Only 1 daughter have valid B1 visa,Wife,son and I,don't have a valid B1,need to get one,
Can we apply here and if yes can we do it in Premium Processing,just to be in legal status,so not to accrue too much unlawful Presence,spoiling if we choose to return.

Need to sell car,furniture,etc,all this takes time,plus kids are mid term,in school,dont want to disrupt them.

Attorney Answers 4

Posted

No. That would constitute visa fraud.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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2 comments

Asker

Posted

How come visa fraud, will be working, only staying to pack up affairs to move back home.

Asker

Posted

Sorry , not working, stopped already .

Posted

Sorry ... you are already out of status ... a COS is not possible.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

no

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Posted

You should consult with an attorney to see what are your chances to appeal the denial of your H1B extension.

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