can I work in US legallu after 6yrs of H1 ...

Ram Donthireddy

Registered Users (C)
My 6yrs of H1 expires Nov 1st 2000. My GC has a long way to go. My labor is still incomplete in NJ.
My priority date is Oct 1997.

The question is can I legally WORK in US after my 6yrs of H1 expires under grandfathering law.
I know I can stay in US after 6yrs of H1 under the above law.

Any help is appreciated.
 
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According to my company lawyer, we (both u & I) cannot work. Can we stay?? Well catch-22 , INS in principle can catch and deport us.

We r only allowed to file I-485 and apply for EAD once P.D becomes current, if we are not deported in the meanwhile.

245(i) does not specify a 180 days rule or anything, I guess it is valid for any amount of time. Your P.D should be before JAN 15, 1998.
You have to pay $1000 fine.

There is another provision in the act - 245(k). This applies to people with all P.Ds as long as 180 days of illegal stay or illegal work. Again this allows you to adjust status, if NOT caught by INS. No fines in this case. Ask your lawyer on how to use this.

Hence , in principle you could work till 180 days after H1 expiry without losing your eligibility to file I-485. Again for any other purposes or otherwise that is NOT legal.

But if you work , you are at the mercy of whitsle blowers in your company, who may notify INS. Your employer can be penalised.

As for illegal stay without work, only you are at risk of being deported and still eligible to file I-485 , if the time comes before INS deports you.... That risk increases if you also work illegally..

Read articles in immigration-law.com "breaking news archives" . A pretty recent discussion on this is there.
 
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