homeAbout UsH-1B VisasL-1 VisasGreen CardsLabor CertificationUseful LinksContact UsBlog
Blog
Consequences Of Being "Out Of Status"
August 10, 2012

The issue of “status” becomes critical when another employer files an H1B transfer petition (or change of status) on behalf of the H1B employee. He/she is to produce proof that the H1B status is being maintained, i.e., the latest pay stubs. If such documentation is not produced, USCIS is generally not convinced that the alien has maintained lawful status. Also, an out-of-status alien is deportable.

USCIS may still approve the H-1B petition filed on behalf of an out-of-status person, but deny the extension of status. In such a situation, the alien has to go for Consular Processing.
But if the person stays in the US beyond the validity of the I-94, he/she is in “unlawful” status. Unlawful presence of 180 days or more kicks in the 3/10 year bar that is triggered on departure from the US.
In the above situations, however, there may be ways to convince USCIS through affidavits or other documents explaining the situation (“nunc pro tunc” requests involving honest mistake, overlooking dates, missing documentation, etc.).

We emphasize that employers and aliens should exercise utmost caution in the above circumstances.

No Comments posted yet be the first to comment!



 Leave Your Comment

 Name
 Email
 Comment
                 
  • I had applied my green card thro...
  • I have known Mr. Nair for over 1...
read more..
 
  • Experience Requirements For PERM read more..
  • Start-Up Companies and Labor Certification read more..
  • Congress Unlikely To Get Anything Done On Im... read more..
  • US Easing Immigration Rule for Terrorist Sup... read more..