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If H1b is terminated 6 months back, and if one applies for ...

Sent to Immigration Law Experts July 7 2008 at 2:04 PM
   

If H1b is terminated 6 months back, and if one applies for H1b transfer/extension with other company what are the chances of its extension and as one is out of status for 6 months and if applies for extension with false paystubs what will be the possible outcome. Thank you.

Customer (name blocked for privacy)
Answer
July 7 2008 at 2:14 PM (10 minutes and 7 seconds later)
         
REPLIEDCheck Mark

Once you are out of status, you cannot apply for an extension or a transfer. You would have to leave and do everything outside. If you leave and you have more than 6 months but less than 1 year of being out of status, you cannot come back in for 3 years. If you have more than 1 year of being out of status and you leave, you cannot come back in for 10 years.

As to the fraudulent paycheck stubs, obviously I cannot recommend this. First, I cannot advise you to commit fraud against the government. Second, if you are caught, document fraud is VERY serious and it can prevent you from ever again receiving any type of immigration benefit, even if you marry a U.S. Citizen. So think very carefully about going forward with this.




Guillermo J. Senmartin, Esq.
Attorney At Law
Admitted in Florida (http://floridabar.org ) and Federal Bar

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July 7 2008 at 2:24 PM (10 minutes and 15 seconds later)
         
Reply to GSenmartin's Post: Actually I am not sure whether my H1b is terminated or not, Is there any way that anybody apart from me or my employer can find out whether my H1b is terminated, if yes when its terminated from UCIS. Any lawyer or anybody can find out on my behalf. Pls let me know ASAP.
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July 7 2008 at 2:31 PM (6 minutes and 50 seconds later)
         
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July 8 2008 at 7:42 PM (1 day and 5 hours later)
         
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