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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3942
Experience:  Private practice in several areas, including immigration
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Judith, I am a surgeon on H1B from India, and I had to resign

Customer Question

Hi Judith, I am a surgeon on H1B from India, and I had to resign my last job in Minnesota as of 12/23/2014. At that time an attorney said I can stay in the country to interview for a new job, and my employer promised not to revoke H1B. After multiple interviews, I have just signed a new contract with a hospital in Oklahoma; their attorney is concerned that I may be subject to deportation proceedings etc soon, due to the elapsed time in "out of status" and wants me to leave the US asap. My wife is a physician on H1B, and our daughter is an H4 as my dependent. Please advise me reg my options & best course of action.
Submitted: 2 years ago.
Category: Immigration Law
Customer: replied 2 years ago.
Further along, I am a former J-1 physician, already completed 3-yrs waiver as of Sept 2014; I also held O-1 visa for 3-yrs prior to H1B. I have an approved I-140 for PERM and another I-140 for NIW HPSA. My younger sister is a US Citizen by naturalization & she lives in USA. In my honest opinion, I was not adequately informed & advised initially regarding visa status & options, before I left my last job. I am in the middle of a ton of paper-work right now to get med license, credentialing & privileges for the new job as well as awaiting renewal of my expired passport. My wife's H1B is valid only until 6/2015. My daughter will turn 21yrs of age by 1/2016. Please advise me regarding our visa options for maintaining/regaining work-authorization and the best course of action to avoid and/or 'cure' any illegal stay issues &/or penalties. Many thanks.
Expert:  Judith Ludwic replied 2 years ago.
You are out of status and need to depart the US and await n India the approval of your I-129 for the new employer.You cannot do a change of status.If your old employer has not revoked your petition and your I-94 is not expired you have not accrued unlawful presence towards the 3 or 10 year bar.But to avoid any risk you should do premium processing for your new petition. get your new H1B visa stamp since your visa stamp is void for having violated the terms of the H1B by overstaying and get a new H1B visa stamp fro the new petition to re-enter.There is no way of knowing if your have had the prior petition revoked so you should depart before accruing 180 days of out of status.Judith