My friend stay in US under h-1 visa and never works, is she illegal staying here?
But she never work or use her h1 visa, so my question is, after almost 15 months jobless, then theres company that willing to sponsor her, dont you think she will get a problem?
because H-1 transfer required a current paycheck to prove that she has a valid working h-1?
Answer:
She is in violation of her H-1 Visa. She can remain in the U.S. until the validity of her I-94, but she must remain working for that company. If she got laid off she has to exit the U.S. If ICE agents or CBP Officer find out, her visa will be cancel and she will be deported. She will not be able to obtain any type of visa to reenter the U.S. I would advice for her to go back to her home country and to return her I-94 to CBP Officer when she leaves.
Yes. I think the time limit between jobs is less than 6 months.
A lot of companies in Silicon Valley have been laying off H1-B visa workers because of their lack of job skills. H1-B visas workers have been exagerating how good they are. They are basically trying to use the H1-B visa as a way to permanently immigrate here, and then legally bring their relatives over. That action places heavy demands on the U.S.'s social service agencies.
"H1-B workers can remain in the U.S. for six months to see the sights".. "According to Immigration and Naturalization Services (INS), foreign nationals working in the U.S. lose their H1-B status the moment they lose their jobs. Since the workers are only entitled to stay in the country to perform the jobs for which they were granted the visa, they must now return to their countries of origin. In recent years, these workers had 60 days in which to remain here. Since 9-11, that has been reduced to 30 days."
Surviving an H1-B visa job layoff
http://searchcrm.techtarget.com/tip/0,28...
"H1 Visa FAQ - Frequently Asked Questions"
I am currently working on a H1-B visa & fear that I may be laid-off soon. .
http://www.immihelp.com/visas/h1b/faq.ht...
Yes, it is illegal.
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Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Yes your friend is here illegal. YOur friend should have changed his/her status.
for H1 Transfer , she def need a recent pay slip from the employer (it should not be more than a month old). So, after a specific time she wud be in trouble if she is not working on their H1.
Try to get this H1 Transfer to any other company. if you can tell me the skills on which she working on? I can help u further.
OF COURSE NOT .
SHE IS TOTALLY ...ABSOLUTY...IRREFUTABLY. 100% LEGALLY ...
DE-PORTABLE AND PENIS "plus" lizable IF SHE TRY TO REENTER WITH A OVER STAYED VISA.
BUT what I know I could be 100% wrong..
NOW SERIOUSLY ask a immigration lawyer
TO SEE IF SHE CAN FIX HER STATUS before is too late
tell her to get the hell out that freaking moocher not paying taxes. omg deport her
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