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H1b Unauthorized Employment < 180 Days

Discussion in 'AC 21 H-1B Issues' started by Desiinusa, Nov 5, 2015.

  1. Desiinusa

    Desiinusa New Member

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    Hi just registered, pls welcome me...!!!
    I got 140 approved and waiting for 140 EAD like others. I had an issue with one of my previous employers where I worked while my h1b transfer from cap-exempt to cap-subject for approx 2 months without knowing, and because of employer and lawyer mistake. I have heard that If I go out of country and come back I am good. With this new 140-EAD rule which may come in place, Do I really worry about it now? Do I have to go out of country and come back?? Can some one please answer,
    TIA
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    To be safe, you should go out and return. You can go to Mexico, step over the border, and then step back. That will wipe out any issues.
     
  3. Desiinusa

    Desiinusa New Member

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    HI Ron
    Thanks for reply, my visa is expired now, Is it possible just go out and comeback with out going for visa stamping interview what they call revalidate? Either Canada or Mexico?With EVVC model I doubt if I really can get it stamped.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If your I-94 has not expired, you can go to Mexico for a few minutes and return using automatic visa revalidation.
     
  5. Desiinusa

    Desiinusa New Member

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    Which I-94? I have one which is part of (tear portion) my newly approved 3 yrs extension H1B. I have another which is expired which was issued when I came here 3 yrs back. Both have same I94 number. Hope this info helps. Thanks a ton for really quick replies
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, the most recently issued I-94.
     
  7. instacal

    instacal Guru

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    Hi Ron,

    Can you give more information on automatic visa revalidation. I thought it was applicable for only F or J visas. Is it applicable for H1B or H4 visa candidates as well?

    Thanks!
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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  9. PDCOM

    PDCOM Guru

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  10. Desiinusa

    Desiinusa New Member

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    Hi PDCOM
    thanks for info, when was that you visited? Can you please give me more details? Do I need CA visa?
     
  11. Desiinusa

    Desiinusa New Member

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    You must retain your original form I-94 - do not allow the airline to take it if you fly to your destination
    what does it mean? original I-94 issued when I came into US Before visa expiry? (Not the one attached to recently approved h1b)
     
  12. PDCOM

    PDCOM Guru

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    Yes, you need CA visa. I had a CA work permit as I was doing international travel. Mon to Thursday in Canada. I think one may travel Mexico without visa but not sure about that.
     
  13. PDCOM

    PDCOM Guru

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    Now a days they do not take your I-94. Yes back then you needed to have the latest I-797 with the revised I-94 below it. You can travel by car or airlines. Living in the east coast taking a flight to Detroit and travel by car is cheaper. I have done both air travel and by car.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you don't go deeper into Mexico than 24 km, you don't need a visa.
     
    PDCOM likes this.

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