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

[Boiler 46,270]

If I had such a Lawyer who included such wording in an employment contract I would sack him immediately for gross incompetence.

[Deputy Purple 1,294]

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.

I agree that there is no way to transfer legal liability from the foreign worker to the company just like you can't transfer legal liability from the driver of the car to the insurance company but you could contractually create an expectation of a service (to monitor legal status and driver the process to maintain status) with financial repercussions if the company fails to fulfill the expectations.

Personally I'd never let someone else handle that for me bt there are a lot of people who contract out for things I never would.

[Deputy Purple 1,294]

If I had such a Lawyer who included such wording in an employment contract I would sack him immediately for gross incompetence.

I agree but just because it isn't a good idea for the employer that doesn't mean that such clauses can't or haven't been included in employment contracts.

[kgl_m 0]

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.

I met with an independent lawyer today and pretty much the only two options he gave me were:

a) Marry an American citizen. Not so easily done. In fact, it is pretty much out of the question.

b) File for a deportation proceeding, and then for a Voluntary Departure. He said that this is a loophole which would remove the 3 year bar on coming back, but it is hard to get the USCIS to remove you, and it would have to be done before the 1 year period from the time I got out of status. Does anyone know about this? I thought that the 3 year bar would still apply with a Voluntary Departure?

[Boiler 46,270]

I have heard of both, with number 2 you would have to be in custody, how did he suggest that was going to happen?

Just because you do not have a ban does not mean you would be able to come back, depends on the basis.

[Harsh_77 718]

With option 2 I think it goes both the ways, they would put someone in custody if ICE has caught them and they are running away from law.

In case like this which was just an oversight and person came up voluntarily about the mistake, might be considered low risk and might not be put in custody.

I could be wrong but lawyer is not 100% right, I don’t think just coz someone voluntarily left when under removal proceeding would not have ban.

I think it would be upto Co who would review your case next time you apply for a visa, if he feels it was just a genuine oversight and when you realized it you did everything right after that CO might not put any ban.

[Boiler 46,270]

CO's do not have discretion to apply or not to apply bans.

[kgl_m 0]

Is the ban pretty much a certain thing, ie VO/CO's do not have ANY discretion there?

EDIT: Also, what would be better - not trying again until 3 years later, or trying and getting a ban? I also may be able to go to Canada and work there for the duration, in fact it looks like it may be easier to get a Canada PR and then citizenship rather than American GC (I'd be in EB3 for GC).

Edited January 28, 2012 by kgl_m

[Boiler 46,270]

No

Something to discuss with your lawyer.