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H1B visa and employment termination

Novi, MI |
Filed under: Immigrant status

I got terminated from my previous job in feb and I found a job with another employer in Mar who filed my H1B.
I was told at port entry that I overstayed during the process of the current H1B approval.
My questions are:
1) Is it true that I overstayed?
I wasnt paid any severence package or the one-way ticket fee. My I-94 has valid dates. My previous employer didnt
cancel my H1B with the govt?

2) If I stayed here illegally, How can I overcome it from my history? Can I pay fine to the govt ?

Attorney Answers 1


While a foreign national may have violated his/her H1b status, he would not necessarily accrue unlawful presence. The H1b is very unique in that it allows for many exceptions that do not apply to other visas. While you would not be able to change status in the U.S., you could apply for the visa at the U.S. Consulate in your home country (which is what it appears you did).

You must speak with an experienced immigration attorney regarding the specifics of your case, including the length of time you stayed in the U.S. beyond your last day with your former employer, the validity dates of your previous I-94, and whether or not you worked in the U.S. while you were waiting for the approval of your second H1b visa application.

Please do not hesitate to contact me for any clarifications needed.

Best regards,

Renata Calderaro, Esq.
The Calderaro Law Group
Immigration Attorneys
12550 Biscayne Blvd., Ste. 800
Miami, Florida 33181
305-938-8391 Telephone
305-938-8392 Facsimile
212-335-4920 Venezuela

Follow us on Twitter: RenataCalderaro

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