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H1 Visa Processing Cancelled and need to be in F1 to be in Status

Boston, MA |

My friend was here on a F1 visa, finished his undergrad and was working for a Hotel in Virginia, where his H1B was being sponsored. He spent more than $15000 in last 3 years to the lawyer in this process. He was supposed to be filing form I-485 in couple of months. Recently, he got fired from Hotel, due to some silly things.
The situation is just getting worst now. With the expired OPT (Optional Practical Training) and H1B cancelled. He is trying to go back to school for coming Fall Semester. Application deadline at most of the colleges have passed.
He has limited time to be in status. And the Hotel is holding his paycheck and also threatening to take legal actions against him. He is almost out of everything he has. This whole thing is just getting complicated.
What is that best solution?

Attorney Answers 3

  1. There is no "best solution" in this type of situation. He should try to reinstate himself at school by using the FSA's assistance and connection with the local USCIS office.

    Should that fail, then has to pack and go home, unless has a USC fiancee and she is ready to marry him. The other alternative is to remain out of status in the U.S., where he will be accumulating additional "unlawful" presence.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  2. There is obviously a long and tangled history to this whole situation and it cannot be properly addressed in this forum. For example, there is no I-485 in conjunction with an H-1B so something is clearly amiss in that regard and we don't have sufficient facts to make any type of recommendation. It is unclear to whether your friend was ever in lawful H-1B status and if the green card process was commenced.

    Your friend's lawyer knows the facts of his case and should be able to offer recommendations on how to proceed. However, it sounds as though your friend is displeased with his current lawyer. I suggest he consult with another experienced immigration attorney who can review the facts of the case and advise him of the options available and recommend an appropriate course of action.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

  3. I agree with My colleagues. However, if he's able to get a new I-901 and I 20, he may be able to enter again with the paperwork and visa that he has. I strongly recommend an appointment with a competent and experienced immigration attorney. A second opinion seems best.

    This is general information, not legal advice, and does not create an attorney client relationship.

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