O2 visa / Quit My job because 3 months unpaid wages

[mtbutterfly 0]

Hi Guys,

I have a O2 visa since november 2011.

My boss stop paying me from January 2011.

Its been now 3 months since I havent been paid

Decided to work from my place bc I couldt afford coming at my work place anymore.

I have been forced to quit because of this issue, and now my employer wants me to sign a termination letter with abusive clauses. Thus, I had to hire a lawyer to represent me and get my money.

Do I have the right to stay in the US until my case get solved?

Please help

[Kathryn41 3,205]

Moving to Work Visa forum as this is not an immigration news story discussion.

You're an O2 visa holder? That visa is dependent on being a necessary support for an 01 visa holder about whom you mention nothing.

http://www.visaburea...pport-visa.aspx

http://travel.state....pes_1271.html#1

Did your employer give any reason for not paying you? What about the O1 upon whom your O2 is based? Is he/she being paid? What does the employment contract say?

Once you quit the job you had a specified number of days to leave the US without becoming out of status. You may already be out of status, which means that you are deportable. Unless you commit a crime, however, it is unlikely that ICE will worry about you so you should be able to work with the lawyer to get your money. Your biggest concern will be that you are not able to work legally in the US right now so will have no means of support. Plus, if you stay in the US without status for 180 days, then when you do leave the US you will receive an automatic ban on returning to the US for 3 years. If you are out of status in the US for a year, then that ban becomes 10 years during which you would not be allowed to re-enter the US.

How is the O1 able to work if you are not available? Is he/she helping you with your claim against your mutual employer?

Edited April 9, 2012 by Kathryn41

[Boiler 45,314]

You have to help yourself to let others help you by including the full story.