Legal Question in Immigration Law in Ohio

Hi, I am trying for a new job from last 9 months. I have rich work experience in my field. But due to having H1b visa & not a green card ( or citizenship), all employers are denying to give job. Even I offered for paying all amount for visa processing. This sounds like racism or separation for me. Means I have capabilities but no chance to survive here as I am not a citizen. And without job I can't get citizenship. Please guide me to handle this situation.


Asked on 1/23/15, 3:57 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Although an employer cannot discriminate against a person based on their immigration status, this is a civil matter, not an immigration law matter.

Your situation is a difficult one. Please keep in mind that if you fall out of status (by not working for the employer on which your H-1B visa is based), then USCIS might not grant you a "change of employer & extension of stay" if you eventually find a new employer to petition you. (You might get a "change of employer" approved if you are not out of status that long, but USCIS could still make you go home & obtain the new visa before you could re-enter).

If you are out of status more than 180 days, then you will face a 3 ( & possibly 10) year bar to admission back into the U.S. if/when you depart the country.

Good luck.

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Answered on 1/23/15, 4:13 pm


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