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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106269
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a H2B visa holder and am currently awaitng my new visa to come through. My las

Customer Question

Hello, i am a H2B visa holder and am currently awaitng my new visa to come through. My last visa ended April 8th. I have since moved to the new location and they have started us working. I am not entirely sure if this is legal. My current place of work say they dont really understand how the visa works. I have contacted my employer, who is a based in another state, (Florida the contract is also under Florida law), about the legalities and she has not responded to any of my emails. She has also not paid me even though the club I work for sent her the payments. She had paid other employees. I don't really know what to do. I am afraid my status is in severe jeopardy but i also dont want to be fired for refusing to work. Whats my best course of action?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
You mean your I-94 expired April 8th? Was a new I-129 filed for you? When?
Customer: replied 1 year ago.
HelloSo the extension has been filed bit with the recent court case processing has been delayed.So my questions are:Is it legal to work without the new visa extensions being received?What is my best course of action?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I still need to know. It was your I-94 that expired? And has the extension been filed for you? When?
Customer: replied 1 year ago.
Okay I see,.. so my last extension/job (thats the i94?!) ended April 8th and my H2B visa 3 year period expires June 2016.
The extension was filed back in April before they stopped accepting and processing them. She said she used the expedited process..
How do i go about gettigy wages do you think i shoild just call DOL or USCIS? I am afraid they will deport me if im illegally working.Kind Regards.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. I ask that you PLEASE not log off without leaving a smiley face/positive rating. This is VERY important and we do not finish just because it says, "To finish...". You may continue to ask additional questions without additional charge on this same thread even after you leave a positive rating.
If it is the same employer that had your H-2B that filed the extension, then you may continue to work for that employer while the extension is pending. If it is a new employer, you may stay in the U.S. waiting for a decision on the extension IF the new employer got an approved labor certification for you AND they filed the new I-129 for you before your previous employment terminated. But you cannot work for that new employer until the H-2B for the new employer is approved. This is different than what is allowed for the H-1B visa.
If the new employer did not file a labor certification for you, then you are going to need to leave the U.S. as quickly as possible and have the new employer petition for you to come back after they get an approved labor certification.
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That does not help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, "To finish". I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.
Customer: replied 1 year ago.
Okay, so i cant legally work until the process is finished. The labor certificate is that something that is applied for with the extension? Amd my question about my wages i haven't received - what action can i take to retrieve them? Would ringing DOL do more harm than good right now?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Is it the same employer filing an extension for you or is it a new employer?
Customer: replied 1 year ago.
How the H2B works is you work under typically a six month contract then your new wmployet will
Petition for anotjer six months/extension. I am at my new job site and workig for my new employer who has not furnished me with a new visa or wages for almost 3 weeks.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I know how it works. All I need to know is if it is a totally new employer. If it is and they did not file a labor certification AND get an approval AND file the I-129 BEFORE you came off payroll from the previous employer, then you are out of status and need to leave the U.S. immediately. When you reach 180 days of unlawful presence, you activate the 3 year bar that you cannot come back to the U.S. for 3 years without a very hard to get waiver. It becomes 10 years if you accrue 1 year or more of unlawful presence. If you leave before the 180 day mark, the quicker you leave, the easier it will be to convince a Visa Officer that your overstay was brief, reasonable, and won't happen again. Your new employer has to petition for you to come back to the U.S. I am truly sorry.
Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Thank you for your kindness and respect. Good luck to you.