I am on F - 1 student visa . My company will sponsor me H - B but want to send me to my country to work couple of months . After HB get approved , if I go back to work between 6 / 1 / 2013 to 10 / 1 / 2013 and got paycheck from the US office to my US bank account . will receiving the paychecks affect my status ? Will that affect my Green card petition a few years later ? I appreciate your help .
Employment / Labor Attorney
You cannot accept employment in the US without valid EAD or a Visa.
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To be able to work in the US, you must either have a valid EAD or be in valid immigration status that allows work. The earliest that will be able to work on an H-1B is October 1.
Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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What would be your opinion? If you work without authorization, is it OK? If you need to work you can ask for the exceptional circumstances EAD. If granted, you would be able to work until you get your H1B "activated".
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Somehow this format has changed. For the past week, every time I access a new question and am prepared to answer same by clicking on the "Answer Question" box the format appears for the potential client to ask a question and read the answers of other attorneys rather than the format which tells me how many points are available and allows me to provide an answer as the attorney. Please review and advise... Thank you!
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