Unintentionally Out of Status- H1

thinkusa

Registered Users (C)
Unfortunately, Just learnd that PERSON is in a mess. Had no clue of this... Need good guidance. It is a complicated situation. Here is a story.

PERSONA had part-time H1b approved with a college almost two and a half years ago. Visa is valid till Dec 07 per three-year duration of H1B approval notice. PERSONA taught a couple of semesters in the first year. Later PERSONA could not because of not enough enrollments of students. PERSONA had no idea that PERSONA is out of status because PERSONA did not work or employer did not pay PERSONA. PERSONA was waiting for the employer to allow PERSONA to teach a class. PERSONA assumes that employer had also no sense of this that PERSONA would get in a difficult situation.

- Now, there is no new employer arranged.
- Out of status duration is more than a year
- It is extremely difficult to file a change of status
- Option left is to leave the Country.

Questions:
1. Can PERSONA apply for H4 when PERSONA goes out of country because PERSONA's spouse has a valid H1-b (will expire next year of 2nd term)?
2. What is a proper process to leave the Country?
3. Employer has no idea of this yet.
4. Due to medical reasons PERSONA cannot go out right away and is making arrangements to go out in a few weeks.
5. Employer has not terminated the job yet. Should PERSONA ask the employer to give a termination letter? Once PERSONA gets a termination letter, how quickly PERSONA has to leave. How much time PERSONA has when PERSON found about this mess?
6. Should PERSONA even get a termination letter or just leave because the out of status situation is more than a year.
7. How to justify when go to apply for H4 visa.

PLEASE HELP! HELP! HELP!
 
i am in a similar situation (out of status for more than 1 year). So I am interested in seeing some response.
 
Out of Status-H1

Desperate for help. Can someone take a few moments to reply to our questions? Got fallen in the ditches. Please, please, please

Thinkusa
 
Solution for complicated situation

Hi Thinkusa,

I am exactly in the same situation today as you were in March.

What solution did you finally work out?

I would be extreeemely grateful if you can help me!!

Thanks,
Prem
 
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