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PDF Editor FAQ

How do I get my sister's 5-year multiple visa cancelled? I, a US citizen, invited her to my wedding in the US. Wedding got cancelled after we caught cheating with my fiance. I provided everything including affidavit of support for her visa.

Your affidavit of support has(had) very little to do as far as your sister’s visa. She qualified for it on her own merit. Otherwise your support wouldn’t mean anything. Now, you want to get her visa cancelled because of a family rift ? USCIS would laugh at you if you made such a request.The real problem here is/was, you chose the wrong man to marry, who could not keep it in his pants. Actually your sister did a big favor to you by helping you see your soon to be husband’s fidelity or rather, lack there of. If it was not your sister before the wedding it would be some other person after the wedding, causing you a much bigger heartache. So, my advice is, count your blessings that you did not make a big mistake, before going after your sister. Not that what she did was acceptable by any means, but by dumb luck, she saved you a lot of future trouble. If you want to get revenge from her, let her marry the a-hole :)

What side of the H-1B visa people don't really know about until they had the experience with it in the U.S.?

Being treated as a Second Class Citizen.American Dream is only for Americans and Green Card Citizens.You will see a lot of folks who are here without any talent or character and they have got citizenship very easily. In some cases, less than 2 years. This will make your blood boil as there is no cap limit for such people. One person can bring in 10 relatives, they can bring 10 more, and on and on and on. But still, everyone is after an H1B visa.Everything needs approval from USCIS. If you miss one thing, one timeline, or a document, your H1B status may jeopardize.“If you stay disciplined, work hard, you can achieve anything you want.” No way.Hollywood’s portrayal of the USA is way different and better than the actual one.You will always be looking over your shoulder. Probably can’t live a peaceful life until you get that GC.Your employer may exploit you knowing that your stay and life in the USA is tied to them.Its all luck and the system are designed to fail you. If you succeed, it will need more luck than talent.Your University and its status have nothing to do with your stay in the USA. So try to not overspend for the education here.

My H1B has been revoked due to a layoff, but I’m still in the US looking for work. What should I do next?

You’ve already pretty much cooked your goose at this point, by not leaving the US when your employment terminated. The law for H-1B workers is that you must leave immediately when your employment is terminated. Since you were laid off, your employer was required to arrange for your repatriation. If they did not, contact the US Department of Labor, as this is a violation of your rights as a nonimmigrant worker and of your employer’s duties as an employer. If they offered to repatriate you but you refused, then you’re stuck with that decision.In practice, you have about two weeks after termination to find new employment, but if you can’t find it within that time, your status will be terminated. There are some circumstances in which you are entitled to a grace period in which you can still change status or seek new employment, but the longest possible such grace period is 60 days from end of employment. In any case, if you’ve been notified that your status has been revoked by USCIS, that means you are no longer lawfully present.In most cases, you really only have two choices at this point:Leave the US. You can try to get a new H-1B later. If you haven’t started to accumulate unlawful presence, there should not be much of a consequence. If you have started to accumulate unlawful presence (you’ve gone past the end date on your I-94 or have been ruled by USCIS or an immigration judge to be unlawfully present), be advised that this will (a) make you subject to a requirement that all further attempts to apply for a visa to the US be made only at a consulate in your country of citizenship and (b) be held against you when being considered for any future nonimmigrant visas. You will have to convince the consular officer that your previous overstay does not suggest that you will overstay again in the future. Good luck with that.Stay in the US. You will not be allowed to work legally, but you can work illegally, you can start your own business, or you can find someone to support you without working. (It’s much less illegal, and typically much easier, to be self-employed while undocumented.) You will, of course, face the risk that ICE will find you and deport you, but in practice they don’t go after people who overstay unless they commit a crime of some sort (overstay of a visa is not a crime). Your primary focus during your life as an undocumented immigrant should be to find a US citizen willing to marry you. This is because petitions to adjust status to permanent resident are not subject to being barred because the beneficiary is unlawfully present; as long the beneficiary was “inspected” the last time he or she entered the US, the petition can go forward, and so if you find someone willing to marry you, you can then use that marriage to obtain a green card, cure your overstay, and become a lawful permanent resident.You may have additional options if certain special situations apply to you, but you should consult with an immigration attorney to learn more about these possibilities.What you cannot do now is find legal employment. Your H-1B status has been cancelled, and that means that, even if you find an employer willing to be an H-1B sponsor, that employer cannot transfer your work authorization to them because you no longer have one. You also cannot change status to student. If you’d filed for a COS to student before your H-1B was cancelled, you could have done that (because you don’t accumulate unlawful presence while a COS is pending) but you can’t file a COS now that your status has been terminated.Note that once you have accumulated 180 days of unlawful presence, you become subject to a three year bar to being issued any visa to enter the United States. If you allow 365 days of unlawful presence to accumulate, the bar increases to ten years. These bars only takes effect, however, once you leave the US; if you never leave the US, the bar never kicks in. 180 days is therefore the point at which you will have to decide whether you want to go back to your home country, most likely never to return to the US, or tough it out as as undocumented immigrant, hoping to find a spouse before ICE finds you.Update: I have disabled further comments on this answer (the first time I’ve felt the need to do so) because it has become a coatrack for jingoistic, xenophobic, and hostile fly-by comments, mainly by people who are not really members of Quora’s community. If you want to tell all foreign workers to leave, you can do that in your own answer; you won’t do it in the comments on mine. My goal in writing this answer was to provide a fairly dispassionate answer regarding what the actual state of the law is. Not to heap ordure on this poor person, who is presumably trying to do what is best for himself or herself in this unfortunate situation.For those of you who commented compassionately and in good faith on this answer, I thank you. Special mention to Maria K Todd, Siddharth Dani, and Izzie Tan, for offering relevant personal life experiences, and to Xuan Luo for keeping me honest on the thorny details of immigration law (Xuan knows the small corners of the law far better than I do).

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