QUESTION
Fall out of status of H1B, will begin to accrue “unlawful presence” ?
Asked on Jul 21st, 2016 on Immigration - Washington
More details to this question:
My husband is in H1B visa and is valid till 7/25/2017. His most recent I94 is admitted until 8/4/2017. He is changing his job now. Today (7/21/2016) is his last day in the old company. And the company may revoke his H1b visa anytime (since the old company has paid him for two more months, we guess they may revoke the visa 7/22/2016). He just got an offer from a new company and they will prepare his H1B transfer. They said their preparing time may be 2-3 weeks before file his new H1B. Questions: 1. Once the old company revokes his H1B, can his I94 become invalid? 2. Once the old company revokes his H1B, he can become out of status from 7/22/2016 to the date that the new company files a new H1B. Fall out of status, will he begin to accrue “unlawful presence” in the United States? 3.When his h1b transfer is approved, if he leaves US to get the H-1B visa . He will have a new I94. Can this new I94 remove his previous “out of status" record?
1 ANSWER
1. Your husband will be out of status be operation of law as soon as he ceases employment with his H-1B sponsor.
2. Yes, your husband will begin accruing unlawful presence as he is no longer in status. He also cannot seek to change his status or transfer his H-1B if he failed to maintain status.
3. The transfer will likely be denied if he was out of status at the time of filing.
You can read more about H-1B at http://myattorneyusa.com/work-visas.
Answered on Jul 21st, 2016 at 2:39 PM