IncessIrish

Hi all, thank you in advance for your help.

So, I am currently in the US and am waiting for my tourist visa decision. I was on a J-1 visa, which expired in January. I applied for a tourist visa during my grace period(January), but I haven't heard back from USCIS regarding the approval/denial of my application. An agent who helped me apply for my tourist visa just recently informed me that there is a company who is willing to sponsor foreign workers to work for them. He told me to apply even if my tourist visa hasn't been approved, but i'm a little worried because I currently don't have a status. I also have to pay him and the company if I decide to apply for that position. He told me that USCIS just released a statement that the H2B visa has reached it's cap for this year, so I can't apply for a work visa, but he said in the meantime, I can still work under the company legally because the company has an approved labor certificate. He told me I can work legally and wait until October, then apply for a H2B visa. If my tourist visa does get approved, it would be expiring in July. He told me to apply for another tourist visa prior to the expiration of my first tourist visa so I am not out of status. He assured me that I would get approved since it is just a tourist visa.

My question is: If I work for the company now even if I don't have a tourist visa, would it be legal? Should I take his offer?

Any advice helps. Thank you so much!

Hi all,

I was wondering if someone could give me some advice or information regarding my situation.

I came to the United State under a J1 Visa, which expired at the end of December 2015. During my 30 day grace period, I filed to change my status from J1 to B2 Visa. I received my Receipt(NOA1) before my grace period ended (January 30, 2016). My question is, Can I travel to Hawaii for a wedding while my case is pending? My passport indicates that my Visa has expired, and the only paper I have from USCIS is the NOA1. My state ID has also expired, so I would be using my passport when traveling. Would it be a problem if I traveled to Hawaii, in terms of getting through security?

According to the USCIS website, If I filed my extension in a timely manner, I can stay in the United States while my case is pending. On the USCIS website, it states:

"Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending."

My Uncle has advised me not to travel because it says that DHS may bring a removal proceeding against me, based on what the site says. Does anyone have any experience or advice regarding this situation? Or does anyone know if there is a number I can call to find out if I can travel while waiting for my case to be approved or denied?

Thanks so much!