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Results 1 to 4 of 4

Thread: Help! Was he working illigally?

  1. #1
    My husband's H1-B visa expired on November 15 2003. Before the expiration, on October 16 2003, the employer's lawers filed petition for his status extension. We still didn't get the answer from uscis, our petition is still pending.
    I asked on this forum about grace period (unfortunately, I can't find my posting!). I was told that we have 240 days grace period.
    Now is the question.... He may stay during this period, but could he actually work??? He was working in the same company, and was getting paychecks and was paying taxes. But now he got fired and we are going back home and I'm scared, that there may be problems about his working during grace period. Please help! We asked our employer several times but he said everything is OK. Sure, it will be our problems now, not his... I'm desperate.

  2. #2
    My husband's H1-B visa expired on November 15 2003. Before the expiration, on October 16 2003, the employer's lawers filed petition for his status extension. We still didn't get the answer from uscis, our petition is still pending.
    I asked on this forum about grace period (unfortunately, I can't find my posting!). I was told that we have 240 days grace period.
    Now is the question.... He may stay during this period, but could he actually work??? He was working in the same company, and was getting paychecks and was paying taxes. But now he got fired and we are going back home and I'm scared, that there may be problems about his working during grace period. Please help! We asked our employer several times but he said everything is OK. Sure, it will be our problems now, not his... I'm desperate.

  3. #3
    If the petiion is for extension of his H1-B, he's valid to work until a decision was reach /granted extension.
    Once your husband terminated his employment, his H1-B cease to exist and he has 10 days to leave the country, unless there's a H1-B transfer already initiated, failure to do so will incur in illegal presence.
    If you're already planning to leave US anyway, I don't think you have any reason to fear. Its not like they going to stop you from leaving and toss some jail time.

  4. #4

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