22 ms·
I know someone who has got a O1 visa to do freelance work, via an employer that has turned out to be dodgy. This employer is giving her mixed messages, on the o
by nickd2001 2y ago
I know someone who has got a O1 visa to do freelance work, via an employer that has turned out to be dodgy. This employer is giving her mixed messages, on the one hand claiming to have cancelled her visa because she wasn't available for work exactly when the employer needed, on the other saying they haven't really cancelled the visa and she can carry on working for them. She now wonders whether her O-1 entry was during the 60-day grace period after it had been cancelled and thereby unlawful. She doesn't know whether she can legally continue to work because she cannot trust this employer. Compounding this is the fact that she's been engaged to an American for a while and is pregnant. She's now worried about having unwittingly done an illegal entry, and about being seen to have worked illegally, and how that would affect her adjustment of status. I know little of this but I suggested 2 things - (1) collect evidence of the games this employer is playing with you, and ask them to say in writing they haven't cancelled your visa, as proof that you entered the US in good faith and are not knowingly working illegally, (2) possibly contact USCIS directly to check whether the visa is still valid. Any comment on her situation and what she might do?
- tivert 2y agoIANAL, but that sounds like a situation where you need hire an actual immigration attorney.
- nickd2001 2y agoAgreed :) In case this helps anyone else, she's now talked to a lawyer. Sounds like a spouse of an American can get forgiven for everything anyway especially if they have a kid because otherwise the American would suffer e:g by being a single parent (strangely, being separated from their spouse isn't considered hardship...) I think the employer is playing games to control her and probably hasn't actually cancelled the visa. If she wasn't getting married of course, with the chance of being forgiven, that'd be more of a stress. So, anyone contemplating an O-1 visa, make sure your sponsor is decent!