Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law

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...
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: 2 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 25 minutes by:
5/9/2015
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109,943
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
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?
Ask Your Own Immigration Law Question
Customer reply replied 2 years 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?
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
I still need to know. It was your I-94 that expired? And has the extension been filed for you? When?
Ask Your Own Immigration Law Question
Customer reply replied 2 years 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.
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years 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.
Ask Your Own Immigration Law Question
Customer reply replied 2 years 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?
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
Is it the same employer filing an extension for you or is it a new employer?
Ask Your Own Immigration Law Question
Customer reply replied 2 years 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.
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years 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.
Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years 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!
Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
Thank you for your kindness and respect. Good luck to you.
Ask Your Own Immigration Law Question
Ask Guillermo J. Senmartin, Esq. Your Own Question
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109,943
109,943 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

Guillermo J. Senmartin, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,969 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

109,943 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I am on Advanced Parole in the US (pending AOS), so get I-94
Hi I am on Advanced Parole in the US (pending AOS), so get I-94 only for one year. Thus far I have been travelling out of country to get my I-94 renewed each year. Upon expiry do I have to rewnew my I… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
I overstayed on a visa waiver plan, i was going to school
I overstayed on a visa waiver plan , i was going to school since i was a minor When i graduated high school may 2009 at the age 18 i left the u.s.n july 2009 My birthday is ***** 29 1990. I attemp to … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a Swedish citizen overstayed their J-1 visa with a D/S
If a Swedish citizen overstayed their J-1 visa with a D/S i-94 by over a year, and was never notified by a judge or USCIS that they were out of status, and left the US voluntarily without any immigrat… read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
But brief question. A Mexican friend of mine has overstayed
No, but brief question. A Mexican friend of mine has overstayed her visa in the US and is planning to marry a German citizen. My question would be if she is able to marry in NYC without a valid visa and if you foresee any issues with her leaving the country for Germany. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
109,943 satisfied customers
If a Canadian has overstayed a visa in the U.S. and returns
If a Canadian has overstayed a visa in the U.S. and returns to Canada without the overstay being flagged at that time (a probability), is it likely that the overstay will be picked up later by US cust… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am wondering if I really need to include the I-94 in my
I am wondering if I really need to include the I-94 in my I-129f packet. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
Is it possible to travel with my I-94 out of USA. I have
I have applied my permanent residence card ( green card) … read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
I am currently working for company A and my I 94 is valid
I am currently working for company A and my I 94 is valid till sept 2018.At the time of transfer this company didn't extend my spouse H4 I94 and it is going to expire 15 Oct 2017.I asked them and they… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
109,943 satisfied customers
Can i travel domestically by air if my i-94 and visa are
Hi, can i travel domestically by air if my i-94 and visa are expired? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
109,943 satisfied customers
I'm currently on H1b since October 2015,I-94 is valid till
Hi I'm currently on H1b since October 2015,I-94 is valid till September-2018. I've joined new company on H1b Receipt on 28th August,2017. However, my old employer is not giving me relieving or experie… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
A friend of mine holds a Cuban Parole I-94 which is about to
A friend of mine holds a Cuban Parole I-94 which is about to expire. He applied last year for his AOS I-485, and a couple of months ago for his EAD renewal I-765, both cases are still pending. He's af… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
109,943 satisfied customers
I'm currently on H1b with i-94 valid until Sept 2018. A new
I'm currently on H1b with i-94 valid until Sept 2018. A new employer has filed for my H1 and requested it till June-2020. Please let me know if i travel outside country in December 2017 would i be eli… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
A friend has overstayed her visa (since sept 2016) and now
A friend has overstayed her visa (since sept 2016) and now she wants to leave the country. She has to fly from Georgia to NY, and then out of the country. Will she have problems at the airport?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
I wanted to know if one has applied for AOS and his i-94 is
i wanted to know if one has applied for AOS and his i-94 is about to expire … read more
KJL LAW
KJL LAW
Juris Doctorate
1,618 satisfied customers
I have a friend who has overstayed their visa and was
Hello, I have a friend who has overstayed their visa and was wondering if they could get health insurance. Is that possible? … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
What is I-485 form. I am an r1 visa and the I-94 will
i am an r1 visa and the I-94 will expired at the end of this month … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My friend overstayed his visa and is currently in the US
Hello, my friend overstayed his visa and is currently in the US illegally. Recently he got married but has not filed any petition for adjustment of status. Does the marriage protect him in any way aga… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
If a person overstay their visa but marries a us citizen can
if a person overstay their visa but marries a us citizen can they stay in the us … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x