H1B Expired, employer never communicated anything. At wits end, help please.

[kgl_m 0]

Hi, I'm on an H1B visa and my visa expired in 2011, but I never noticed and my employer's HR/Immigration department never contacted me. They kept cutting my paychecks and I'm now out of status, I just noticed today.

I originally came to the US in 2009 with a smaller employer and my first H1B visa was supposed to expire on Sept 27, 2011, with my I-94 expiring on Oct 7, 2011.

When my new employer filed for a transfer, somehow I got a shorter visa and the new expiry date became July 11, 2011. The new I-94 card also reflects this date.

Now, I find out that my H1b was never renewed. This is a big organization with many thousands of employees, and somehow I slipped through the cracks because I was never made aware that I have to start the renewal process myself, they don't do it automatically to maintain my status. I've been working at a client all this time.

180 days has passed since the July 2011 expiry, but not the I-94 card that's in my passport. I'm supposed to speak to someone at Immigration/Legal tomorrow. They might have me stop working immediately. What are my options?

[Cosmo Kramer 0]

find an attorney who can help, or leave the country asap

[Boiler 46,270]

Ouch sounds like you will have a 3 year ban.

Be aware that USCIS are cracking down on these sort of arrangements.

Lawyer time.

[Harsh_77 718]

Old I-94 attached in the passport with longer date does not mean anything.

You got a new I-94 when you transferred to this new employer will be the valid one. With USCIS or for that purpose any document that has the most recent issue date holds precedence over the older document.

You need to immediately talk to your immigration team and lawyer; you can try to apply for H1, no guaranteed as you have been out of status for almost 6 months. I think you need to return back home that’s the safest bet, as per immigration it would not be company’s responsibility to maintain status of its employee but its employee’s each individual’s responsibility to make sure their status is valid.

[kgl_m 0]

I talked to my manager today and we contacted the legal department. They said that I was to stop work immediately and am placed on loss of pay status, so I'm not being paid anymore.

There is a discussion scheduled with the company lawyer tomorrow. I fear that the company lawyer might try to minimize the company's liability and just send me back to my home country no matter what can actually be done. My manager said that it is likely that they will tell me to leave in a day or two time, which I kind of expected but doesn't give me much time to wrap up my affairs and take care of my apartment, car and other belongings.

Can anyone recommend a good immigration lawyer in the bay area who is experienced in employment/overstay matters?

[Boiler 46,270]

Normally I would suggest changing status to a B2, but I think you are well out of that window.

[Deputy Purple 1,294]

I fear that the company lawyer might try to minimize the company's liability

Do you have a contract with the company which clearly puts responsibility on them for your immigration status?

If not then they have already successfully minimized the company's liability.

[Harsh_77 718]

Do you have a contract with the company which clearly puts responsibility on them for your immigration status?

If not then they have already successfully minimized the company's liability.

No Company or employer is ever responsible for status of its empolyee as I mentioned in my earlier post. It's individual's responsibility to make sure their immigration status is in good standing.

Its same as like when one is attending school, its individual's responsibility that they are enrolled full-time to maintain their status.

Normally school would not keep them out until next semester when they see the student was not maintaining the status, same as employer would not hore anyone who is not in valid status.

Same I agree too late to switch to B1/2 its almost 6 months OP is out of status.

[Deputy Purple 1,294]

No Company or employer is ever responsible for status of its empolyee as I mentioned in my earlier post. It's individual's responsibility to make sure their immigration status is in good standing.

Agreed, which is why I asked if the employer did something (like provide a contract) wherein they accept any liability.

[Boiler 46,270]

I think that would be dream land.

hore, I was thinking ####### or hire, could be either!

[kgl_m 0]

I can see that in the end since it is I who suffer, I should be responsible. I should have been on top of it, it just never crossed my mind since I thought that I still have time.

I've set up an initial consultation with a private attorney here in the area as well.

[Harsh_77 718]

Agreed, which is why I asked if the employer did something (like provide a contract) wherein they accept any liability.

I don't know I could be wrong, but there is no way even that can be in contract and reason is someone else cannot be responsible for maintaining someone else's immigration status.

[Harsh_77 718]

I can see that in the end since it is I who suffer, I should be responsible. I should have been on top of it, it just never crossed my mind since I thought that I still have time.

I've set up an initial consultation with a private attorney here in the area as well.

Its not who suffers, the system is not there to make one suffer. Everyone has their responsibility and it is your responsibility to make sure you are in good standing all the times.

In your case you overlooked it, at any given point there are thousands of ppl working on H1 in US, there are thousands of ppl on F1 in US and each of them is responsible for their status.

[Deputy Purple 1,294]

I don't know I could be wrong, but there is no way even that can be in contract and reason is someone else cannot be responsible for maintaining someone else's immigration status.

Contracts can mitigate or transfer responsibility for a lot of things even if not legally replacing the original party's obligation. Think of insurance as one such contract.

If I wreck someone else's car I'll always be responsible but I have insurance so the insurance company is responsible for covering the financial aspects of the wreck. They can't take legal blame but they are legally obligated to make it right financially on my behalf. If I get sued for the damages the Insurance Company will have to cover it.

A company could agree in the employment contract to accept responsibility for maintaining the employee's status which wouldn't change who USCIS holds responsible but it would create a liability on the company's part if that status was lapsed similar to my insurance example. It won't change who get deported or has incurred an overstay but it would give the immigrant worker financial recourse against the company if they breached the contract.

[Harsh_77 718]

Contracts can mitigate or transfer responsibility for a lot of things even if not legally replacing the original party's obligation. Think of insurance as one such contract.

If I wreck someone else's car I'll always be responsible but I have insurance so the insurance company is responsible for covering the financial aspects of the wreck. They can't take legal blame but they are legally obligated to make it right financially on my behalf. If I get sued for the damages the Insurance Company will have to cover it.

A company could agree in the employment contract to accept responsibility for maintaining the employee's status which wouldn't change who USCIS holds responsible but it would create a liability on the company's part if that status was lapsed similar to my insurance example. It won't change who get deported or has incurred an overstay but it would give the immigrant worker financial recourse against the company if they breached the contract.

You got a good business idea Bob, interested we can start a business to maintain ppl's status... and definately charge them like insurance company.... hehehe.

The only problem in your example is even if company has a contract and screws up USCIS cannot deport the company or ban the company.