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URGENT!!! Worked Illegaly for 55 days after EAD EXPIRATION!!

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  • URGENT!!! Worked Illegaly for 55 days after EAD EXPIRATION!!

    -All,
    I came to US on a F1 visa then got employed. i am explaining my situation below:

    1. My employer filed for an H1 petition while I was in India. Hence they had to file it using the 'Consular method of processing' which I was unaware and overlooked.

    2. From Oct , I started losing my ssn taxes which prompted me to think I have successfully moved on to a H1 visa from a F1 visa.

    3. On March 29 I got an email from my lawyers saying that my H1b has not been activated and that I have been working illegaly for 55 days after my EAD expiration.

    4. Knowing this I have immediately(next day) returned to my home country. Also I was removed from the payroll after the HR came to know about this.

    I am getting really nervous about this. I was completely unaware that my H1b was filed using a special process. I am hoping to explain this exact situation to my Visa interviewer.

    I know this is really serious which is why I am freaking out. Would section 245k help me in this?
    Any suggestions or advice on this is greatly appreciated.

    Thanks
    Roh

  • #2
    nothing to get nervous about. Just go confidently. As of today, there are more job opportunities and prospects in your home country compared to the US. So, even if you do not get the visa, you will have a wide choice of jobs back home.

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    • #3
      Declare it and explain to the VO at the interview. As it is less than the period that automatically bans one from re-entering, the VO has the authority to grant you visa.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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      • #4
        Thanks for your reply Drpepper and txh1b. Feel better now!!

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