[armada651]

You need a Visa one way or the other to stay in the US as an alien. Besides even if you weren't kicked out, how are you going to make a living without a work authorization?

Overstaying your Visa is illegal. I know ICE isn't going to knock on your door right away, but it's going to negatively affect future Visa applications (visiting also requires a Visa).

[blntechie]

It’s just nitpicking but visa in US immigration parlance is only a tool for entry to the country.

Work authorization and visa are not technically same. You can stay in the country legally even with expired visa (the one pasted in the passport) but with work authorization approval documents extending the same visa category or another category.

[armada651]

These differences are academic at best, yes there are options open when your Visa expires, but they're all intentionally very bad options. No tech company will want to keep you on their payroll without a Visa for any extended period of time.

You're better off leaving the country because life without a Visa will be difficult and will eventually result in your arrest when your I-94 expires.

[zo1]

Wow. As an outsider, a lot of the immigration/illegal-alien discussion makes a lot more sense now that I am aware of that detail. And I can't say I'm surprised that it's been such a huge, contentious and problematic issue with that kind of grey-area.

[BeetleB]

> You need a Visa one way or the other to stay in the US as an alien

No - you need to maintain status, not visa. For H-1 workers and F-1 students, staying on expired visa is quite common and legal - as long as they do the paperwork to maintain their status.

If they leave the US to visit another country while maintaining a legal status, then they cannot return without applying for the visa.

For H-1 workers and students, a visa is only relevant for border crossings.

[ckaygusu]

No, you do not need a visa to STAY in the country. Legal status and having a visa in your passport is not tied together.

Your legal status is shown in your I-94. You can get into the country in a status, and adjust to another, without having a visa to reflect the new status.

If you leave the country and want to get back in, however, you need to have the right visa.

Again, a visa is only required to have a CBP officer admit you into the country in a specific status. After getting in, it does not have much importance.

What Trump is trying to do is, hack his way into enforcing the policies he thinks it is a good idea. Since SCOTUS gave him a carte blanche with respect to admitting aliens into the country, in order to stop H1B, he is using the same legislation. That lets him only to stop people from getting in; other ways of stopping it either takes time or needs to go through Congress.

[armada651]

Your I-94 still has an expiration date, if you can't renew your Visa then your I-94 will expire eventually. Once the I-94 expires your stay is illegal. Also you're still overstaying your Visa, which is going to affect your future applications.

Also how would you transition to another visa when applications are suspended? You'll have to live in the United States without a job in the hopes the suspension is lifted before your I-94 expires.

[ckaygusu]

You are still conflating legal status and visa in an improper way.

The I94 expiration case can happen in practice. I don't know all possible cases, but at least for H1B done through change of status, you are not required to get a visa as long as you do not leave the country. And no, you r I-94 does not expire for three years, so it is entirely possible to complete a whole H1B period without a visa.

[armada651]

As an H1 all your authorizations are tied to your Visa in some way. They may not expire at the same time, but if you have no way of acquiring a new visa (which under this suspension, you don't) you're in trouble whether you leave the country or not.

> You are still conflating legal status and visa in an improper way.

I am and you should speak to your immigration lawyer if your visa is expiring.

[MVorlm]

This is incorrect information. H1B "Status" and H1B "Visa" are two separate things.

A common immigration path is F1(Student) -> OPT -> H1B Status. If the person was already in the US(because they're going to a US college) then they would be given H1B status(read: no visa). Getting a H1B visa from the US consulate would be required IFF they: 1) Weren't already in the US, 2) Need to leave and reenter the US.

If the person is _already_ in the US when they receive H1B Status then they don't need to receive a visa. Not having a visa is not illegal or affect work status. A visa simply allows ingress and egress in/out of the country and does not confer work authorization(which is what an H1b "Status" does).

Source: I've gone through this process, and from a family of attorneys.

[ckaygusu]

Oh man.

I am going through F1->H1B process. I do not have an H1B visa, and I have a document that tells me I am allowed to stay in the country in the H1B status between a time period, and you are telling me I am in trouble because I do not have a visa. Ok, I suppose.

[armada651]

I don't know how this order affects your current process, definitely talk to you immigration lawyer about that. But we're talking about immigrants who have not yet applied for renewal, they could be in a situation where they have no chance for renewal.