J******0
发帖数: 46 | 1 H1B头三年有效期至2010年12月14，今天才发现。是重新申请还是延期呢？
I140已经批准，正在排队等着递交I485。这个问题会不会影响绿卡的申请?
万分感谢! |
T****O
发帖数: 407 | 2 How is that even remotely possible??? Your employer can't issue you a pay check if your legal status is
expired. No one warned you in last Nov???
Your approved 140 doesn't grant you any legal status. You really want to consult an attorney at this point. |
p*****t
发帖数: 3693 | 3 Stop working and talk to a lawyer immediately. |
L****1
发帖数: 598 | 4 Damn, You need a lawyer man. |
t********o
发帖数: 287 | 5 这种事情赶紧去跟公司的HR和律师联系，很奇怪H1B过期了公司怎么也不提醒呢？
【在 J******0 的大作中提到】
: H1B头三年有效期至2010年12月14，今天才发现。是重新申请还是延期呢？
: I140已经批准，正在排队等着递交I485。这个问题会不会影响绿卡的申请?
: 万分感谢!
|
J******0
发帖数: 46 | 6 Yea, hard to believe, but it just happened. Neither the attorney nor the
company sent out any reminder. I didn't realize it until today I received an
email from our tax office noticing me that my H1 expired.
I still got paycheck after 12/14. Should I return it?
My attorney is in a meeting.....desperately waiting for her response.
check if your legal status is
consult an attorney at this point.
【在 T****O 的大作中提到】
: How is that even remotely possible??? Your employer can't issue you a pay check if your legal status is
: expired. No one warned you in last Nov???
: Your approved 140 doesn't grant you any legal status. You really want to consult an attorney at this point.
|
T****O
发帖数: 407 | 7 " I still got paycheck after 12/14. Should I return it? "
NO!!! You earned it! It's yours!
There is an option called "Reinstate" when a person is still in US after
visa expires.
Since 911, US got very harsh on non-immigrants overstaying their visa. I
don't know if it is still true.
But don't panic. I doubt CIS would send someone over to deport you.
The worst scenario is that you have to pack up now and go through the visa
process back in China again. |
j******4
发帖数: 154 | 8 File petition for H1b extension asap! You may need to apply for a H1b visa
in China and reenter US to activate the visa
【在 J******0 的大作中提到】
: H1B头三年有效期至2010年12月14，今天才发现。是重新申请还是延期呢？
: I140已经批准，正在排队等着递交I485。这个问题会不会影响绿卡的申请?
: 万分感谢!
|
r***l
发帖数: 9084 | 9 the only one you should blame on is yourself. If you don't remember this,
who would?
an
【在 J******0 的大作中提到】
: Yea, hard to believe, but it just happened. Neither the attorney nor the
: company sent out any reminder. I didn't realize it until today I received an
: email from our tax office noticing me that my H1 expired.
: I still got paycheck after 12/14. Should I return it?
: My attorney is in a meeting.....desperately waiting for her response.
:
: check if your legal status is
: consult an attorney at this point.
|
J******0
发帖数: 46 | 10 I agree. It's my fault.
【在 r***l 的大作中提到】
: the only one you should blame on is yourself. If you don't remember this,
: who would?
:
: an
|
h*********r
发帖数: 290 | 11 my friend had similar problem before. He went to canada and got a a visa
there.
you'd better to check with your lawyer.
【在 J******0 的大作中提到】
: I agree. It's my fault.
|
J******0
发帖数: 46 | 12 Thank you. Still waiting for the call from my attorney.
Did your friend get green card eventually? I'm a little worried about the
gap in which I am "out of status". It may cause problems when applying for
GC.
【在 h*********r 的大作中提到】
: my friend had similar problem before. He went to canada and got a a visa
: there.
: you'd better to check with your lawyer.
|
p*****t
发帖数: 3693 | 13 According to Murthy.com, if the period of unemployment is under 180 days,
you should be ok. But you need to remedy the situation asap.
http://www.murthy.com/news/n_nscuna.html
Unauthorized Employment Can Prevent Approval of AOS
The law prohibits a person who accepts or continues in unauthorized
employment prior to the filing of an I-485 from adjusting status to
permanent residence. There are a variety of other rules and definitions, but
the basic idea is that unauthorized employment generally prevents
adjustment of status, unless there is an exception that applies.
Exception for Employment-Based Cases Up to 180 Days
For employment-based I-485 cases, there is a provision that allows the USCIS
to "overlook" up to 180 days of unauthorized employment. This does not mean
that one should go out and work without authorization for 180 days or that
there are not other potential consequences. It just means that if a person
accidentally happens to work without authorization (the ways in which this
can occur are outside the scope of this article), s/he will still be
eligible to file the I-485 in an employment-based case, as long as the
violation is under 180 days.
【在 J******0 的大作中提到】
: Thank you. Still waiting for the call from my attorney.
: Did your friend get green card eventually? I'm a little worried about the
: gap in which I am "out of status". It may cause problems when applying for
: GC.
|
J******0
发帖数: 46 | 14 Thanks so much! This information helps a lot.
but
【在 p*****t 的大作中提到】
: According to Murthy.com, if the period of unemployment is under 180 days,
: you should be ok. But you need to remedy the situation asap.
: http://www.murthy.com/news/n_nscuna.html
: Unauthorized Employment Can Prevent Approval of AOS
: The law prohibits a person who accepts or continues in unauthorized
: employment prior to the filing of an I-485 from adjusting status to
: permanent residence. There are a variety of other rules and definitions, but
: the basic idea is that unauthorized employment generally prevents
: adjustment of status, unless there is an exception that applies.
: Exception for Employment-Based Cases Up to 180 Days
|
