On Tourist Visa and Employment Authorization

AdamantEve

New Member
I have chanced upon a person willing to employ me and petition for my Employment Authorization. The following facts apply in my case:

I am on a tourist visa and my I-94 expired last March 30, 2004. While my lawyers say that I have not YET incurred immigration penalties (such as those that apply if I stay longer than 180 days...) I am concerned if my prospective employer could get me this Employment Authorization and actually make my stay here legal. I have talked to someone in the same company who had been staying as a nonimmigrant here for 3 years, yet this employer was able to get him Employment Authorization just two months ago.

1. Does it mean that he is now legally working?
2. Does this mean he has an H1 visa now? (I couldn't talk to him long. The boss came around...)

*Also, the employer has a somewhat... carefree view of the matter. He trusts all the paperwork to his lawyer and brother, both of whom were not present when I was there, so I couldn't ask them. When I asked this employer these very questions, he said he doesn't know exactly how it works, just that he's sure that it's legal. On my part, I just want to make sure of the details...

*Further info: I am married to a Greencard Holder and I was just recently petitioned. My application is, of course, pending. I know this information is practically useless... but yeah, you never know.
 
Last edited by a moderator:
I am really hoping I could talk to the lawyer who will fix this, eventually, but from what I know, the guy who has been here for 3 years has been here illegally the entire time. Then he got the Employment Authorization card (showed it to me. I had it in my hand and I was looking at it... it certainly looked legitimate. And I don't want to think that the lawyer would do anything illegal...). There was even a Social Security number. :confused:

I did ask about leaving the country and then coming back, but the employer said I didn't need to do any of that... I suppose I might have to talk to the lawyer who will be fixing this.

Thanks for your replies. ^_^ Any further thoughts?
 
Top