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What should you do if in Feb 06 you have lost your H-1 job banking MBA finance and would like to remain in the country and are you considered illegal as of right now?
Wiki User
∙ 18y ago
Your visa expired the moment you lost your job. I suggest you try to get an extention otherwise your are cnsidered illegal and leaving the country would just make matters even worse now as you would not be allowed in for over staying your visa. You need to speak with INS immediately to see if there are any remedies or an INS attorney. * Under current Immigration law the person would be considered "out of status". The assumption that a person on an H1 visa must leave the country within 10 days of becoming out is not true. The foreign national's status depends upon the economy at the time of job loss, the occupation of the person and if the person is actively seeking employment. If the person is actively seeking employment the USCIS (INS) will in the words of the an official USCIS spokesperson "Let the matter slide". The person is considered legal until the date of the entry ticket in their passport has expired. Nonimmigrant H1b visa holds are given a reasonable time to find a new employer, usually a couple weeks. If a new company does not pettion for the alien in that time, then the alien is considered a visa overstay (illegal). If there is no change of status application filed (to go to a F1 student or B2 visitor), then the alien is subject to deportation.
Wiki User
∙ 18y ago
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