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silver5

H1B In Processing Can I Legally Stay and continue to work in the US?

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Firstly, I would like to thank you for taking time to respond to my question.

My sister's H1B was revoked on June 2nd,2018 and the 60 day period ended on Aug 2nd, 2018. However she was offered a job with a new employer on July 31st but H1B was filed after the 60 day grace period. 

Notice for receipt for new H1B was received on August 14th, 2018. Attorney informed us that the H1B was filed under Consular Processing in California Service Center. My sister started working for the new employer is this legally allowed. Please suggest on the possible alternatives and solutions for the current situation. 

i94 Admit until date is showing as "D/S"

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She can not work for the employer while the petition is pending since she is not in valid H1 status anymore.

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3 hours ago, silver5 said:

Firstly, I would like to thank you for taking time to respond to my question.

My sister's H1B was revoked on June 2nd,2018 and the 60 day period ended on Aug 2nd, 2018. However she was offered a job with a new employer on July 31st but H1B was filed after the 60 day grace period. 

Notice for receipt for new H1B was received on August 14th, 2018. Attorney informed us that the H1B was filed under Consular Processing in California Service Center. My sister started working for the new employer is this legally allowed. Please suggest on the possible alternatives and solutions for the current situation. 

i94 Admit until date is showing as "D/S"

The petition was not  timely filed and hence she is overstaying and involved in unauthorized employment. i94 as D/S suggests she got her COS done probably from F1 type to H1b and did not travel after COS. She should leave USA asap and consult with immigration lawyers to get her immigration case reviewed in depth to avoid or lessen future inevitable issues.

Edited by xTDx

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Fact #1: D/S means the duration of stay to complete studies as long as one remain in FT student. It does not mean to stay as long as one wish. 

Fact #2: Attorney clearly stated that it is a Councilor Processing i.e. visa to be issue abroad PRIOR to start working. Someone must have misguided her to start working without obtaining a visa. Unfortunate. She must stop working now. 

Solution: This is a time-sensitive issue with the potential labelling of unauthorized work as well as stay. MUST consult a good attorney. 

 

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2 hours ago, Chai said:

Fact #1: D/S means the duration of stay to complete studies as long as one remain in FT student. It does not mean to stay as long as one wish. 

Fact #2: Attorney clearly stated that it is a Councilor Processing i.e. visa to be issue abroad PRIOR to start working. Someone must have misguided her to start working without obtaining a visa. Unfortunate. She must stop working now. 

Solution: This is a time-sensitive issue with the potential labelling of unauthorized work as well as stay. MUST consult a good attorney. 

 

The OP corrected that. The I-94 has a date on it, so it isn't D/S.

As I already said in  previous post, she can NOT work.
She has to leave the country. Once the H1 petition is approved she can get an H1'visa and enter with that to start working.

 

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