Frequently Asked Questions - Status
When used in relation to immigration, this is another name for being LEGALLY present in the USA
- H-1B portability without a visa stamp
- H-1B no notification of termination, 60 days grace period, etc.,
- Covid Coronavirus Question from Employers about Payroll for H-1B and others L-1, E, etc. employees
- H-1B Unpaid Leave or Time off
- H-1B Joining Another Employer while a Transfer, Extension or Amendment is Pending
- Status Expiring During the Pendency of an H-1B extension
- H-1B Petition Revocation During Visa Process/Reaffirmation
- How Does One Change Status While Within The United States?
- Status of Off-site Placed STEM OPT Extension Students
- H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit
- Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?
- H-1B or Other Status Denied - What is my Status?
- When Does One Become H-1B Cap Exempt?
- Impact of Taking a Long Break While on H-1B
- What can be Done if an H-1B is Denied While in the USA?
- Status and Unlawful Presence Questions in the Form DS-160
- H-1B Visa Denied and Petition Sent for Revocation
- Applying For H-1B Visa When There Was A Status Violation
- H-1B Laid Off Issues
- Simultaneous filing of H-1 amendment and extension
- Can I Travel Back On F-1 Visa If My Reinstatement Is Denied?
File a complaint against the employer with the Wage and Hour Division of the U.S. Department of Labor by filling up the form WH-4. You can also call them.
1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.
1. Not until a notice of intent to revoke is sent.
2. This case is going back to USCIS.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.
In my view, it is unsafe to travel on an existing visa after being out of status. If they become aware of your status problems, CBP, upon returning, can turn you back at the airport, or worse, even formally deny you admission thereby laying a five-year bar against reentry.