Thread: D3 Waiver + H1B
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#4
12-30-2015, 04:43 PM
Senior Member
From Minnesota
Joined in Nov 2009
5,812 posts
Demise
Quote:
Originally Posted by amoney3 View Post
Hmm.. my hope was to apply for AP in conjunction with going for the visa application at the consulate abroad. Maybe a 1 year AP. Then I would have a free ticket for coming back in.

Also, does DACA stop the accruing of unlawful presence? i.e. - did my 10 year start counting down once I received DACA? I know it's not an official status, but maybe its somewhere in the middle.
You can definitely use AP to attend the consular interview. Though that's still uncharted waters. I was a little wrong in my previous post, you'll file the waiver request with the consulate, and if they agree to the waiver request and issue you a visa you're able to return as an H1B holder, if not the AP is a good backup to have.

Time during DACA doesn't count as unlawful presence - but the 10 year ban doesn't kick in until you depart. Currently the assumption is that it doesn't trigger if you leave with AP and return with it. Leaving with AP and returning on H1B would most likely trigger it. So unfortunately you have to chose: H1B and a 10 year ban, or no ban and no visa.
Last edited by Demise; 12-30-2015 at 04:49 PM..
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