Legal Question in Immigration Law in Virginia

Am on H1B visa and I work as a physical therapist and I hurt my back three times and was out of work on workers comp.the last one I was out for 3 months and I have lawyer but he does not know anything about the immigration he is asking me to go for a settlement but in that case I have to resign the job I am not sure how quick I can get my another job and the lawyer says I have to resign the job immediately as the workers comp wants to settle the money this month.Pls suggest me legal immigration things that I should consider

Asked on 12/09/12, 7:06 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

You should advise your attorney of your current immigration

status and that if you were to resign your currently sponsored

H1B employment position, you may be required to depart from the country

within 30 days or so.

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Answered on 12/09/12, 9:25 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

Once you resign, you will become out of status because there is no grace period if you quit your job. Also, assuming you find a new employer to file an H-1B change of employer petition for you, USCIS may question any periods of unemployment prior to the new petition being filed. If that period is brief, you can explain it & it should be okay. However, if that period is several months, you could have problems.

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Answered on 12/09/12, 12:35 pm

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