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I think husband is lying about how h1-b works, so he can just work at a gas station

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  • I think husband is lying about how h1-b works, so he can just work at a gas station

    Hi, he entered the country with a F1 visa and says he took 4 classes a semester for 8 years. I think he just let his F-1 lapse, and took part time classes. After his bachelors, he worked 2 years on an h1-b visa and then went back for his masters. He then worked 6 months out of a 3 year visa.I understand there is a 6 year limit.

    (1) Does that mean just the time spent being a paid employee or the total of 2 x 3 year h1-b visas?
    (2)After the 6 years, does it mean any h1-b company can get him a green card?
    (3)Can an extension take place if the h1-b visa lapse due to unemployment for 2 years?
    (3a) when he separated from the consulting agency for 3 months, he said it was too late to do anything. What could he have done?
    (4)He's in software engineering. Is it strange he can't find a job in the last 2 years.
    (5) Instead of an h1-b extension, why not just file a new one?
    (6) He says he paid for the h1-b visa, and I found out that the company files and pays for them.
    (7) He says they don't pay him enough, so he can't take the jobs because, for example. the expected pay is 60,000 for a software engineer. He's only at a 40,000 level, so there are no jobs for him.
    (8) what is the average gap between computer software jobs?

    I just don't want to enable him to fail. I won't give him a free work card. I want to understand to help him read through job openings. I'm looking up 3 companies a day. I can't imagine how harder it is for him to read through stuff unrelated to software.

    My new lawyer is both family and business immigration, so he can't be sneaky. I feel awful that some people resort to working themselves through things without help. must be lonely.
    Last edited by htnradio; 04-21-2017, 01:24 AM.

  • #2
    H1b info:

    https://www.uscis.gov/eir/visa-guide...b-requirements

    Jobs that qualify for H1b

    https://www.bls.gov/ooh/a-z-index.htm

    If you are in the US as a dependent of an H1b visa holder, I would also be concerned.

    I don't know why your lawyer cannot assist you with this.
    Last edited by NettieL; 04-21-2017, 05:58 AM.
    Not legal advice.

    Comment


    • #3
      Originally posted by htnradio View Post
      Hi, he entered the country with a F1 visa and says he took 4 classes a semester for 8 years. I think he just let his F-1 lapse, and took part time classes. After his bachelors, he worked 2 years on an h1-b visa and then went back for his masters. He then worked 6 months out of a 3 year visa.I understand there is a 6 year limit.

      (1) Does that mean just the time spent being a paid employee or the total of 2 x 3 year h1-b visas?
      (2)After the 6 years, does it mean any h1-b company can get him a green card?
      (3)Can an extension take place if the h1-b visa lapse due to unemployment for 2 years?
      (3a) when he separated from the consulting agency for 3 months, he said it was too late to do anything. What could he have done?
      (4)He's in software engineering. Is it strange he can't find a job in the last 2 years.
      (5) Instead of an h1-b extension, why not just file a new one?
      (6) He says he paid for the h1-b visa, and I found out that the company files and pays for them.
      (7) He says they don't pay him enough, so he can't take the jobs because, for example. the expected pay is 60,000 for a software engineer. He's only at a 40,000 level, so there are no jobs for him.
      (8) what is the average gap between computer software jobs?

      I just don't want to enable him to fail. I won't give him a free work card. I want to understand to help him read through job openings. I'm looking up 3 companies a day. I can't imagine how harder it is for him to read through stuff unrelated to software.

      My new lawyer is both family and business immigration, so he can't be sneaky. I feel awful that some people resort to working themselves through things without help. must be lonely.

      Your post is somewhat confusing, but I believe your spouse is currently working at a gas station, and you are thinking he is here on a valid H1 visa, so I am going to answer based on that information. If I am incorrect, please let me know and I will try and answer accordingly.

      The 6 year H1 visa is only valid while the H1 visa holder is working for the company that is sponsoring their H1 visa and they are currently employed with and being compensated by or receiving current pay from the employer. If these things are not true, then the visa holder is out of status and the visa is no longer valid. This would also make an H4 dependent out of status as well.

      From the above information, it appears you both have been out of status and accruing unlawful presence for a very long time. Both you and your spouse should have left the U.S. when his original employment with his sponsoring employer ended. Gas stations do not sponsor H1 visa holders, and I would assume he works there as a way to stay here in an illegal status and still earn income. Companies that hire software engineers, do not hire people who are here illegally.

      You have hired an immigration attorney so you may already be aware of some of the above information. If you hadn't already sought out legal help, I would have advised it.

      Again, if I misunderstood the situation, please advise and I can adjust my response accordingly.

      This is my opinion and not legal advice. Use of this information is strictly at your own risk.

      Trinity71

      Comment


      • #4
        Originally posted by Trinity71 View Post
        Your post is somewhat confusing, but I believe your spouse is currently working at a gas station, and you are thinking he is here on a valid H1 visa, so I am going to answer based on that information. If I am incorrect, please let me know and I will try and answer accordingly.

        The 6 year H1 visa is only valid while the H1 visa holder is working for the company that is sponsoring their H1 visa and they are currently employed with and being compensated by or receiving current pay from the employer. If these things are not true, then the visa holder is out of status and the visa is no longer valid. This would also make an H4 dependent out of status as well.

        From the above information, it appears you both have been out of status and accruing unlawful presence for a very long time. Both you and your spouse should have left the U.S. when his original employment with his sponsoring employer ended. Gas stations do not sponsor H1 visa holders, and I would assume he works there as a way to stay here in an illegal status and still earn income. Companies that hire software engineers, do not hire people who are here illegally.

        You have hired an immigration attorney so you may already be aware of some of the above information. If you hadn't already sought out legal help, I would have advised it.

        Again, if I misunderstood the situation, please advise and I can adjust my response accordingly.

        This is my opinion and not legal advice. Use of this information is strictly at your own risk.

        Trinity71
        I am a citizen and the attorney said that since his h1-b visa expires 2/2018 and that companies own the h1-b visas. He has to find a company who will extend his visa. He's says something similar to what you said about software companies won't hire him now that he's out of status. I cannot in good conscience enable him to get a green card and not push him to higher standards, but from what you say, I might have to just let my husband do whatever it is he wants to do since he is 'out of status' and companies won't hire him.

        - - - Updated - - -

        Originally posted by NettieL View Post
        H1b info:

        https://www.uscis.gov/eir/visa-guide...b-requirements

        Jobs that qualify for H1b

        https://www.bls.gov/ooh/a-z-index.htm

        If you are in the US as a dependent of an H1b visa holder, I would also be concerned.

        I don't know why your lawyer cannot assist you with this.
        Thank you for the links. I am a citizen and the attorney said that since his h1-b visa expires 2/2018 and that companies own the h1-b visas. He has to find a company who will extend his visa. He's says something similar to what the other poster said about software companies won't hire him now that he's out of status. I cannot in good conscience enable him to get a green card and not push him to higher standards, but from what you say, I might have to just let my husband do whatever it is he wants to do since he is 'out of status' and companies won't hire him.

        Comment


        • #5
          Enable him to get a green card??? Sounds like you are holding out on him... But the problem with that is once he applies for his green card, he can get the work authorization to be hired at one of those companies because then he will no longer be out of status. You want to hold him to a higher standard, but don't want to help him get there? Doesn't make sense to me...
          Just my opinion... Use at your own risk...

          Comment


          • #6
            Originally posted by PryncissQueen View Post
            Enable him to get a green card??? Sounds like you are holding out on him... But the problem with that is once he applies for his green card, he can get the work authorization to be hired at one of those companies because then he will no longer be out of status. You want to hold him to a higher standard, but don't want to help him get there? Doesn't make sense to me...
            "Enable" means saving him from his own consequences.

            Comment


            • #7
              Assuming you are not a terrible human being, the most straightforward approach would be for him to file for Adjustment of Status on the basis of his marriage to you

              That way, he will have the flexibility of getting any job he can get, regardless of being previous out of status

              Comment


              • #8
                Originally posted by inadmissible View Post
                Assuming you are not a terrible human being, the most straightforward approach would be for him to file for Adjustment of Status on the basis of his marriage to you

                That way, he will have the flexibility of getting any job he can get, regardless of being previous out of status
                Fine, but I told him that if he decides to keep his low paying job at the gas station, he can enjoy the life of a home-schooling dad while I go to work with other parents for income.

                Comment

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