Gainesville, FL Immigration Law Firms & Lawyers

If you were living and working for an employer other than the one that petitioned you, then you fell out of status.  This seems like an undetermined as yet, violation of the terms of your H2b without more information, since you could have departed with the help of your nation's Embassy, or family/friends, perhaps.   However, USCIS is unaware at this point, so you did not accrue any unlawful presence.  What you seem to have done is to have worked for another employer, which may create concerns that you violated the terms of your H2b visa by working for another entity.  If you are found to misrepresent the truth, then you can be indefinitely banned from lawful immigration.  Each embassy and consular official has discretion to make an unappealable decision.  An attorney may be able to suggest a plan of action that is less likely to create long term problems, where returning to the U.S. is a priority for you.

To obtain a change of status to F-2, the applicant must be in valid nonimmigrant status. U.S.C.I.S. does make a few exceptions, but the rule of thumb is that the privilege of change of status requires the maintenance of a current immigration status.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

The soonest you can apply for citizenship will be January 15, 2015--five years after returning from your long trip (and this assumes you don't exeed 180 days outside the US between now and then).  If any trip between now and then exceeds 90 days, you'll also have to start counting the five years over again.  Finally, remember that any long trips outside the US risk loss of your permanent resident status.