Visas And Legally Working In The United States – What You Need To Know

Read this article if you are interested in:

• Finding out if you can legally work while your Adjustment of Status is pending.
• What may happen to you if you have overstayed a visa.
• Changing your B1 visa to a H1B or F1.

May I Legally Work While My Adjustment Is Pending?

Whether you can legally work while your adjustment is pending depends on your adjustment’s underlying basis. If it is an employment-based basis, you must be in a valid non-immigrant status. The restrictions of that specific non-immigrant status would determine whether you can work. If you apply based on a family relationship, the only exception to unauthorized work or overstay is marriage to a U.S. citizen. If the basis of your Adjustment of Status is not through marriage to a U.S. citizen, then you would need to wait until the employment authorization document is acquired through approval of form I-765.

If you are in a non-immigrant status and your basis is through employment, you will receive an EAD card. However, it may not be advisable to utilize that employment authorization document, as the USCIS may consider it a violation of your non-immigrant status.

This entire situation is very case specific and should be done with consultation from an immigration attorney.

If I Apply For A Work Permit With My Adjustment, How Soon Can I Expect To Get Approved?

The time it takes to approve a work permit submitted with a status adjustment varies greatly. It currently takes approximately six to nine months, depending on the service center. To check, go to USCIS.gov and see the current processing time.

If I Apply For Unemployment Based Adjustment Of Status And Have A Lot Of Money Saved, Do I Still Need To Get Someone To Sponsor Me?

Since employment-based Adjustment of Status requires sponsorship, you would need to have a sponsor regardless of how much money you may have saved. This is the case unless you self-sponsor via the national interest waiver or extraordinary ability.

None of the employment-based petitions are determined by the amount of money you have in the bank. There are some employment-based petitions, such as the EB5, or the investor visa, which require you to invest a particular amount of money depending on the geographic location of that investment, but you would not have to have the money in the bank. That money would need to be invested in a business opportunity to apply for Adjustment of Status.

I Entered The United States On A B2 Visitor’s Visa But Have Overstayed My Visa For Over A Year. What Will Happen To Me?

If you entered the United States legally but have overstayed your visa, you are legally removable from the United States with deportation procedures. Upon removal from the United States, you would be barred from re-entry for at least ten years.

My Employer Filed An Employment-Based Immigrant Petition And It Was Approved. I Am Ready To File For An Adjustment. Do I Have To Continue Working For This Employer?

The short answer is “No.”

Under the employment-based Adjustment of Status, you are only required to work for the employer upon receipt of your green card. The employment-based immigrant petition does not require that you work for the sponsoring employer when filing or through the adjudication of your 485. However, it does require you to work for the employer upon receipt of your green card.

We recommend that you work for the sponsoring employer upon receipt of the green card for as long as possible. While there is no specific timeframe in the regulations, authorities can and will determine if it was a bona fide offer of employment. Leaving an employer abruptly or quickly may cause them to question this.

I Originally Had H1B Status And Just Recently Filed An Adjustment Of Status. What Status Am I Right Now?

Your status is still H1B non-immigrant.

It is our consistent advice that you remain in H1B status until physically receiving your green card, that you should not work utilizing the employment authorization document that you will receive as part of your Adjustment of Status petition, and that you should renew your H1B until you physically receive the green card in the mail.

I Originally Had H1B status But Just Recently Filed An Adjustment Of Status. I Also Received An Employment Authorization When I Filed For Adjustment. Am I Allowed To Work For A Different Employer?

You can work for a different employer, but not if utilizing the Adjustment of Status EAD that you receive.

If you want to work for a different employer, you should file an H1B change of employer petition. This is allowed as you do not have to work for your sponsoring employer if you intend to return to that sponsoring employer upon receipt of the green card. However, if your Adjustment of Status petition has been pending for 180 days or more, you could port to a new employer who will become your sponsor for Adjustment of Status purposes. This analysis of whether you can port should be done in consultation with an immigration attorney.

How Many Times Can I Extend My B1 And My B2 Visa?

Generally, you can extend your B1 or B2 visas twice, at most. The first extension is usually granted without any fanfare. However, the second time is a little more involved, requiring you to express to USCIS the specific reason you need a second extension.

How Can I Change My B1 Visa To A H1B Or An F1 Visa?

Changing a B1 visa to an F1 is pretty simple and standard. If you are enrolled in a particular university that provides an I20, you would only need to file Form I-539 to change your status from B1 to F1.

With an H1B, you would first have to find an employer that will sponsor you, then apply in the lottery. If a cap-exempt entity employs you, you can apply to change your status from B1 to H1B at any time.

For more information on Legally Working In The United States, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 912-5152 today.