Legal Question in Immigration Law in Colorado

Dear Law Guru(s),

My friend entered the U.S. legally on a tourist visa. While here, she made a connection with an organization that wished to hire her full-time. She did not begin working for them because she knew that was illegal without the proper visa. She has both a bachelors and an MBA from accredited universities in the U.S.. So, with the help of her lawyer, the organization filed the appropriate paperwork to sponsor her for an H1-B visa. The H1-B visa application was received and began processing before her I-94 expired. However, her I-94 has since expired (3 weeks ago) and her H1-B application is still pending. She has remained in the country.

She was told by her lawyer that it was legal to remain in the U.S. while waiting for the H1-B decision because she applied for it while she was still in-status. Is this advice correct? If not, what is her best course of action given that she is currently out-of-status?

Thank you for any advice you can offer!


Asked on 11/16/10, 12:43 am

1 Answer from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

She is not out of status since the H-1B was timely filed. However, the H-1B's are used up prior to them adjudicating the petition, she will be out of status. She should have it adjudicated under Premium Processing. She should also start on the Advanced Degree PERM. Please contact me for more information.

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Answered on 1/06/11, 6:06 am


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