Are you still eligible for a H-1B visa if you become out of status?

D

digicube

Registered Users (C)
My EAD is ending soon and still looking for a H-1B visa. Should I immediately quit my job once my EAD ends? Is the penaly not doing so big? Also on which situations will the 3 yr/10 yr ban of entry will applied?
 
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Originally posted by digicube
My EAD is ending soon and still looking for a H-1B visa. Should I immediately quit my job once my EAD ends? Is the penaly not doing so big? Also on which situations will the 3 yr/10 yr ban of entry will applied?
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If you have EAD and have a pending AOS application, you will remain in status but cannot work without a valid EAD. the 3/10 year bar applies for those who are out of status for 180 days/1 year respectively.
 
AOS - Adjustment Of Status. That's when you file your i-485 but you apparently haven't done so. How did you obtain your EAD?
 
If you are unable to find an employer to sponsor you for an H-1B, then you would have to either be on another visa (e.g. visitor's visa) or go back to your home country.
 
Do I have to quit my current job once my OPT has ended? What is the penalty of overstaying on a job when your OPT has ended?
 
Yes, you are suppose to stop working after your OPT ends. Otherwise, you would be illegal and may be subject to the 3/10 year ban. You should also make sure that you'll be in another legal visa status before your OPT ends so that there'll be no lapse.
 
Which visa status should I go for and how do I apply for it? Since I have 180 days to leave the country, if I can get a H1-B visa within that time frame, I am safe right?
 
Actually, you do not have 180 days. You would be illegal the day after your OPT expires unless you are approved for another visa. Also, I do not think that you would able to adjust your visa to a H-1B if you are illegal, but you might want to double check that with someone else.

Let me caution you that overstaying your visa is not a prudent move, especially during these times. BCIS has gotten more strict and a lot less forgiving post 9/11. Even if the 3/10 ban does not apply to you, you would most probably run into issues when applying for another visa if you have been illegal before.
 
JoeF,

What happens if he files his application for an H-1B only after his OPT expires? Would he still be able to adjust his status without first leaving the country?
 
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