H1b out of status

[inthepond]

What is the name of your state (only U.S. law)? NY/NJ

am here on H1b and my wife on H4, the validity stamp on our 1-94 as well as the visas issues are all sept 30, 2009. However, last december 2008 i was terminated by my petitioning employer.

Since then I have been working jobs here and there and living off of what I saved during employment with my petitioner and living with friends and distant relatives. I am still looking for a job and found one who is willing to hire me but unwilling to sponsor me. I have tried to look for an employer willing to petition but since my job description was financial analyst and the industry was down, I wasnt able to find any.

Is there still a way to stay here or change satus or adjust status? wE have a little money left and might be able to invest in a small business.. can we stay here and just open a business or change to tourists?

please help us. do you handle cases in NY/NJ area or do you have recommendations? thanks again so much

 

[candg918]

1. You have been out of status since you were terminated in Dec 1008

2. You are working illegally.

3. You are unlikely to have the required investment for an investors visa if you have resorted to living off the generosity of others.

4. You have not found an employer willing to employ you legally if he is unwilling to file an H1B petition on your behalf.

5. In a little more than 6 weeks you and your wife will begin accruing illegal presence following the expiration of your I-94s.

You should return home as there is little point of you attempting to remain as tourists. Your change of status request will not be granted; see item 1. While I am not an attorney, it is obvious that you need to make immediate plans to return home permanently as your illegal work and likely tax evasion are big issues.