Legal Question in Immigration Law in Tennessee

I have my H1b valid till next year october. However, i went to my country to get my H1b stamped and the visa was approved but was sent for additional administrative processing. I still have not got the visa yet and i have been working remotely for my company for almost a month. My manager asked me couple of times my return date but unfortunately i could not give him ETA since the answer from DOS is always states 'It's Pending'.

My question is just incase if my manager decides to terminate my job because of this Administrative processing is it ok to return back to US with my visa stamped on my passport once the AP is completed or what are my other options ?.


Asked on 5/15/10, 5:18 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

If you are terminated/fired from your job in USA, it's not okay to return to USA using the H-1B visa. It won't help you to secure a new employment in USA, and you can't change status to another non-immigrant status if you enter the USA on an improper visa.

How long have you been in AP? Up to 8-12 weeks seems to be a norm in many coutries. It could be longer as well.

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Answered on 5/20/10, 6:50 pm


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