From the article:
The order is not expected to immediately affect anyone already in the United States.
The order is not expected to immediately affect anyone already in the United States.
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).
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.
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.
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.
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.
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.
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.
> 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.
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.
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.