Advice for a friend
Jan 8th 2003, 3:09 pm
#1
Forum Regular
Thread Starter
Joined: Jun 2001
Posts: 112
Advice for a friend
Firstly, this really is for an acquaintance, not for me I'm happily married to a USC and AOS is chugging along nicely. Situation is as follows: she came to the US about 3 years ago on L1, transferred to another company about 18 months ago on H1B. Has, in the meantime, had 2 kids born here. At the beginning of September the company sponsoring the H1B was forced into Chapter 7 bankruptcy by the courts, employment was terminated. Since then she has worked as a consultant for the Trustees administering the bankruptcy (received two checks for consultancy work). She is still in the US applying for jobs with no plans to leave.
Now, she has an attorney on a retainer who I believe has given misleading advice. The attorney has told her that the two checks for consultancy work count as continued employment under the conditions of the H1B, this sounds like hooey to me, can any one either confirm or deny this is good advice? Also, he told her that as she is the parent of 2 USC kids she has the right to remain. I believe she is in real danger of creating big problems for the future if she doesn't sort out her status soon. Her husband is a European national as well, he is on the spousal visa and does not work. Bearing in mind the company went into bankrutptcy September 3, there was one consultancy check in October and another in November, when would she become subject to a ban based on overstay? I think it is 180 days, is that correct?
Many thanks for any advice I can pass on, I really think her attorney is giving very dubious answers in this case.
Now, she has an attorney on a retainer who I believe has given misleading advice. The attorney has told her that the two checks for consultancy work count as continued employment under the conditions of the H1B, this sounds like hooey to me, can any one either confirm or deny this is good advice? Also, he told her that as she is the parent of 2 USC kids she has the right to remain. I believe she is in real danger of creating big problems for the future if she doesn't sort out her status soon. Her husband is a European national as well, he is on the spousal visa and does not work. Bearing in mind the company went into bankrutptcy September 3, there was one consultancy check in October and another in November, when would she become subject to a ban based on overstay? I think it is 180 days, is that correct?
Many thanks for any advice I can pass on, I really think her attorney is giving very dubious answers in this case.
Jan 9th 2003, 2:45 am
#2
Guest
Posts: n/a
Re: Advice for a friend
steppke wrote:
>
[ ... ]
> Now, she has an attorney on a retainer who I believe has given
> misleading advice. The attorney has told her that the two checks for
[ ... ]
> deny this is good advice? Also, he told her that as she is the parent
> of 2 USC kids she has the right to remain. I believe she is in real
It is not true that US born children give her the right to remain in the
US. If an attorney told her this she should find another.
>
[ ... ]
> Now, she has an attorney on a retainer who I believe has given
> misleading advice. The attorney has told her that the two checks for
[ ... ]
> deny this is good advice? Also, he told her that as she is the parent
> of 2 USC kids she has the right to remain. I believe she is in real
It is not true that US born children give her the right to remain in the
US. If an attorney told her this she should find another.
Jan 9th 2003, 12:25 pm
#3
Guest
Posts: n/a
Re: Advice for a friend
"steppke" wrote in message
news:[email protected]...
> Firstly, this really is for an acquaintance, not for me I'm happily
> married to a USC and AOS is chugging along nicely. Situation is as
> follows: she came to the US about 3 years ago on L1, transferred to
> another company about 18 months ago on H1B. Has, in the meantime, had 2
> kids born here. At the beginning of September the company sponsoring
> the H1B was forced into Chapter 7 bankruptcy by the courts, employment
> was terminated. Since then she has worked as a consultant for the
> Trustees administering the bankruptcy (received two checks for
> consultancy work). She is still in the US applying for jobs with no
> plans to leave.
> Now, she has an attorney on a retainer who I believe has given
> misleading advice. The attorney has told her that the two checks for
> consultancy work count as continued employment under the conditions of
> the H1B, this sounds like hooey to me, can any one either confirm or
> deny this is good advice?
It sounds farfetched, but I won't say it is absolutely wrong because she may
have provided services and been compensated by an entity which is a
successor in interest to the company which filed the H-1B petition.
Also, he told her that as she is the parent
> of 2 USC kids she has the right to remain.
She should sweetly ask him for the statutory authority for that one!
I believe she is in real
> danger of creating big problems for the future if she doesn't sort out
> her status soon. Her husband is a European national as well, he is on
> the spousal visa and does not work. Bearing in mind the company went
> into bankrutptcy September 3, there was one consultancy check in October
> and another in November, when would she become subject to a ban based on
> overstay? I think it is 180 days, is that correct?
She will become subject to the 3-year bar when she has overstayed the
expiration date on her I-94 (this is true even if she has violated the terms
of her H-1B status before that date), or on the date that the INS or a judge
formally finds her to have violated status, if that happens.
If she finds another H-1B job, she may be eligible for H portability. If
she is not eligible for H portability, the worst case will be that she and
her husband have to leave the U.S., and re-enter in valid H-1B and H-4
status.
> Many thanks for any advice I can pass on, I really think her attorney is
> giving very dubious answers in this case.
She should get another opinion.
news:[email protected]...
> Firstly, this really is for an acquaintance, not for me I'm happily
> married to a USC and AOS is chugging along nicely. Situation is as
> follows: she came to the US about 3 years ago on L1, transferred to
> another company about 18 months ago on H1B. Has, in the meantime, had 2
> kids born here. At the beginning of September the company sponsoring
> the H1B was forced into Chapter 7 bankruptcy by the courts, employment
> was terminated. Since then she has worked as a consultant for the
> Trustees administering the bankruptcy (received two checks for
> consultancy work). She is still in the US applying for jobs with no
> plans to leave.
> Now, she has an attorney on a retainer who I believe has given
> misleading advice. The attorney has told her that the two checks for
> consultancy work count as continued employment under the conditions of
> the H1B, this sounds like hooey to me, can any one either confirm or
> deny this is good advice?
It sounds farfetched, but I won't say it is absolutely wrong because she may
have provided services and been compensated by an entity which is a
successor in interest to the company which filed the H-1B petition.
Also, he told her that as she is the parent
> of 2 USC kids she has the right to remain.
She should sweetly ask him for the statutory authority for that one!
I believe she is in real
> danger of creating big problems for the future if she doesn't sort out
> her status soon. Her husband is a European national as well, he is on
> the spousal visa and does not work. Bearing in mind the company went
> into bankrutptcy September 3, there was one consultancy check in October
> and another in November, when would she become subject to a ban based on
> overstay? I think it is 180 days, is that correct?
She will become subject to the 3-year bar when she has overstayed the
expiration date on her I-94 (this is true even if she has violated the terms
of her H-1B status before that date), or on the date that the INS or a judge
formally finds her to have violated status, if that happens.
If she finds another H-1B job, she may be eligible for H portability. If
she is not eligible for H portability, the worst case will be that she and
her husband have to leave the U.S., and re-enter in valid H-1B and H-4
status.
> Many thanks for any advice I can pass on, I really think her attorney is
> giving very dubious answers in this case.
She should get another opinion.
Jan 13th 2003, 10:21 pm
#4
Just Joined
Joined: Oct 2002
Location: MD
Posts: 12
Immigration layers??
Immigrations lawyers think they know everything, do not talk to only one, listen to other people with similar cases, research on your own... I just had my lawyer filed my PR under the wrong category (I had no idea) and I not only had my PR denied after a 3 year wait, but now I have to leave the US. I cannot file for an extension for my H1B because a new filing is happening when my H1B overall has only 8 months of validity... immiration layers suck, they do malpractice very often and no one can do anything against them.
