Do I need transfer or new H1B

A

agilani

Registered Users (C)
Hi Guys:
I came to U.S in June 2001 and my employer asked me to wait for sometime untill they get a project for me, I kept waiting and waiting and the employer at the end said, sorry we cant help u.. go back!

I decided to stay here and try for new employer, coz of bad market I couldnt get a new employer who could sponsor me for H1B.

Now I have got a job offer but my Visa is expiring in July 2003. Pls advise me:-

1. Can I apply for a new H1B without any pay stub.
2. My wife is also programmer, if I apply for her H1B, will my H1B history affect her case...
3. Is ther any other solution which could work for me...

Pls advise me at ur earliest coz I am already short of time.

Thank u......
Azhar Mahmood
 
OK here goes...

You have been out of status for 2 years . You have no chance to get an H1 exten. You can apply for new H1, cannot transfer an H1 and get a valid I-94. Even if you get a new H1 approval, you cannot work unless you get a I-94 with H1 status..to get that you need to get a visa..and there is no way you are getting a visa after staying in the USA for 2 yrs..how long did you think you could wait before you realised something was wrong ?
You visa expiring has no meaning..on an H1 if you do not have a job..you are illegal in this country...you are looking for a 10 yr ban the moment you are found out.
The day you lost your status..which is definity from July 2001, your
wife's status is also gone..although she could get an H1 COS and get a new I-94 with H1 status..only if some one does not dig further in her case.
Get a lawyer..explain all the problem to him..not much hope.
 
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