Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Default Out of Status

    I am in the US on H1b for one and half year now. My company didnt get me placed anywhere, so no pay stubs. I got married in the US and my husband is supporting me. I have been outside US several times and re entered didn’t have a problem at the port of entry. But recently I found out through a colleague of my husband that I should be out of status for not working on H1B. That’s when I started checking out immigration forums. It seems being out of status is going to be a problem if I have plans of living in US, my husband’s company is doing his GC processing. I thought I can be in US as long as I have a valid visa and a valid I94, both are still valid. Prior to coming on H1B, I have come to US on business visa (B1) sponsored by my previous employer and never over stayed. I still have B1 visa valid for another eight years.
    Some questions I have are
    1. I am planning to go back to my home country to apply for H4 visa and tell the consulate officer the truth that I wasn’t aware about being out of status. Will that be good enough, or should I inform the DOL before leaving US? I have read in some forums that informing DOL could get me back in status.
    2. If I inform DOL, do I need to be in the US till the decision is made or can I leave US and apply for H4?
    3. I have SSN and I had filed tax jointly with my husband and shown my income as NIL. Do I need to cancel my SSN before leaving US?
    4. My employer never told me that I am out of status. Won’t it affect them if their employee is out of status?
    5. I also found that paying the processing fee for H1B is illegal. I had paid for my H1B processing; they took it as a security deposit and agreed to pay back when I start working. If in case I have to inform DOL, do I need to mention this as well.
    6. My employer never mentioned they will pay me when I am out of project. Is it mandatory they have to pay even when the employee is not on any project?

    Thanks in advance. Please help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Out of Status

    If your employer committed labor violations, by all means report them to the Department of Labor.

    If you are laid off, you go out of status and are expected to leave the country. If you are benched, you are supposed to be paid.

    As it stands you are at risk of a ten year period of ineligibility to return, based upon more than a year of unlawful presence. I suggest working with an immigration lawyer.

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Out of Status

    Thank you for your reply. My visa and I94 is not expired. Am I unlawfully present or am I out of status? I thought the 3/10 months bar applies if I overstay more than 180 days after my I94 expires. Let me know if I am wrong?

    1. Sponsored Links
       

Similar Threads

  1. J Visas: Adjusting Status when Out of Status for 9 Years
    By AAAkids3 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 07-27-2011, 06:00 PM
  2. Adjusting the Status of a Minor Child Born Prior to Parents' LPR Status
    By grunf in forum Visas for Business, Tourism and Family
    Replies: 6
    Last Post: 05-21-2011, 04:43 PM
  3. DV Visa Lottery: Can an F-1 Student Change Status to Immigrant Status Through Visa Lottery
    By Farhan in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 02-05-2011, 03:33 PM
  4. Unlawful Presence and Overstay: H1b to F1 Change of Status Denied - I-94 Expired, Out of Status
    By problems101 in forum Immigration Issues
    Replies: 1
    Last Post: 07-10-2010, 12:25 PM
  5. Unlawful Presence and Overstay: Arriving Alien then Became Out of Status, Now Trying to Adjust Status
    By mjsantos in forum Immigration Issues
    Replies: 6
    Last Post: 03-08-2010, 01:04 PM
 
 
Sponsored Links

Legal Help, Information and Resources