Legal Question in Immigration Law in Tennessee

H1 Out of Status

Hi, I am a legal H1B before I lose a client. My employer did not requested me to go back home.After almost a year with no client, I learned that I am already out of status, although my I-94 is still valid up to this year.To avoid overstay, I decided to go back home before end this year.My H1B girlfriend (good status) and I are planning to marry next year. Would I be banned (3yrs) to enter US again if I file for H4 because my previous H1 was out of status? If not, what would be the possible result I could get? Please help!!! . Thank you very much.


Asked on 9/04/04, 5:40 pm

1 Answer from Attorneys
Neena Bohra Law Offices of Neena Bohra

Re: H1 Out of Status

This depends on whether you were paid while you were "on bench." The employer is required to pay you if you are still employed and there is no client or contract available. If this is the case, you are fine and have not violated your H-1B status. If not, you will need to discuss your options in a consultation.

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Answered on 9/08/04, 11:40 am


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