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How and when bridge filing trigger the 3 year inadmissibility to the US?

Tucson, AZ |

employer A filed a petition for me before the expiration of my previous visa in June 2012. While the petition is pending I moved to employer B, who filed me another petition in August 2012. USCIS denied the petition of employer A on January 2013. On March 2013 USCIS approved the petition of employer B without the I-94- which would mean that I have a gap in my visa. In this case, when did the gap started? Will I be bound by the 3 year inadmissibility to the US if I'll go home to my country to get my visa stamp? Please advice..

Attorney Answers 3


  1. At the earliest of your I-94 expiring or your employment with A ending. A bar would be triggered if you remain in the US for 180 days or more from the date of the denial of the petition by A.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. I agree with my colleague.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


  3. I agree with my colleague.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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