4 ms·

This sounds weird but I've wondered something. Since California is a sanctuary state, can't workers come over with H1B and then simply not leave when the Visa e

This sounds weird but I've wondered something. Since California is a sanctuary state, can't workers come over with H1B and then simply not leave when the Visa expires?

timewarrior 8y ago
I would not recommend this. Couple of issues: 1. You might want to visit your family in home country. How do you enter back. 2. CBP can put a border check point anywhere 100 miles from a border. Which covers most of California (land and sea border) including SF. If you get caught in one, your would be arrested and deported. 3. If you overstay for more than 6 months you are banned from US for 3 years. If you overstay for more than 1 year, you are banned from entering US for 10 years. 4. Government knows that you are overstaying. They can also easily find out about your bank accounts, health insurance, doctor visits, kids going to school. They could apprehend you if they want to. It could start by sending you a NTA (Notice to Appear). Once you get an NTA, you can't even leave the country on your own terms without triggering a re-entry bar. 5. Most good employers won't give you a job without a work authorization. Sadly, what you had suggested has been the life story of all the undocumented workers in US. And it is really tough. I know H1-B has it bad, but it is nothing compared to what the undocumented workers have been going through. When you live in the shadows and under fear of law enforcement for a big part of your life, it can mess up with your mental health. I wish there is a good outcome for them. Unfortunately the low skilled undocumented workers don't have much options in life. But I am not sure why someone who is educated and skilled, would subject themselves to such a life. Just go somewhere else!
- sublupo 8y ago
  Thank you for that information
dragonwriter 8y ago
> Since California is a sanctuary state, can't workers come over with H1B and then simply not leave when the Visa expires? No. “Sanctuary state” means state resources (including state personnel time) aren't being used to actively aid federal immigration authorities, it doesn't mean federal immigration laws are nullified or that you won't be deported out face other federal law consequences in the case you describe.

This sounds weird but I've wondered something. Since California is a sanctuary state, can't workers come over with H1B and then simply not leave when the Visa expires?

timewarrior 8y ago

I would not recommend this. Couple of issues: 1. You might want to visit your family in home country. How do you enter back. 2. CBP can put a border check point anywhere 100 miles from a border. Which covers most of California (land and sea border) including SF. If you get caught in one, your would be arrested and deported. 3. If you overstay for more than 6 months you are banned from US for 3 years. If you overstay for more than 1 year, you are banned from entering US for 10 years. 4. Government knows that you are overstaying. They can also easily find out about your bank accounts, health insurance, doctor visits, kids going to school. They could apprehend you if they want to. It could start by sending you a NTA (Notice to Appear). Once you get an NTA, you can't even leave the country on your own terms without triggering a re-entry bar. 5. Most good employers won't give you a job without a work authorization. Sadly, what you had suggested has been the life story of all the undocumented workers in US. And it is really tough. I know H1-B has it bad, but it is nothing compared to what the undocumented workers have been going through. When you live in the shadows and under fear of law enforcement for a big part of your life, it can mess up with your mental health. I wish there is a good outcome for them. Unfortunately the low skilled undocumented workers don't have much options in life. But I am not sure why someone who is educated and skilled, would subject themselves to such a life. Just go somewhere else!

sublupo 8y ago
Thank you for that information

dragonwriter 8y ago

> Since California is a sanctuary state, can't workers come over with H1B and then simply not leave when the Visa expires? No. “Sanctuary state” means state resources (including state personnel time) aren't being used to actively aid federal immigration authorities, it doesn't mean federal immigration laws are nullified or that you won't be deported out face other federal law consequences in the case you describe.