Legal Question in Immigration Law in New York

Re: Urgent Advice Needed!

Your friend and his prospective employer should consult with an immigration lawyer to discuss fully his particular facts. It is not entirely clear from your message on what visa your friend came to the U.S. on - was it a B-1 visa for business visitors? The B-1 visa is generally good only for six months and while B-1 visitors may in some cases form a business in the U.S., there are restrictions on what they can do in the U.S. beyond that.

More important, if your friend is out of status, it is generally not possible to adjust to another non-immigrant status (including H-1B) or an immigrant status while in the U.S. There are also qualification requirements for H-1Bs and, currently, the cap for H-1B visas for the year has been reached.

He should also know that if he has been unlawfully in the U.S. for a period of time and he departs the U.S., there are immigration rules that may bar him from reentering the U.S. for a period of 3 or 10 years.

In short, your friend or his prospective employer needs to consult with an immigration lawyer who can review his particular facts.

Disclaimer: Please note that the above is only for informational purposes. It does not create an attorney-client relationship. Proper legal advice can only be given after we have a signed engagement letter and we have discussed fully the facts in your particular case.