What to do if my H1B visa is expiring and I want to stay in the US?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my H1B visa is expiring and I want to stay in the US?
By next year, I would have exhausted all 6 years on my H1B visa. My employer has refused to file for my green card. I want to know if I transfer to a F1 visa next year by applying for a graduate program. Can I have another employer reapply for a fresh H1B petition that will count against the cap for me the year after (or later assuming I go on OPT) or do I need to physically leave the country for a year before a fresh petition can be filed? Do I have any other options?
Asked on December 19, 2011 under Immigration Law, Massachusetts
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If your 6 year maximum is reached, you can change to a different nonimmigrant status if that application is approved, but you would not be able to get a new 6 year H-1B period until after you have departed the US and been outside the US for a period of 1 year. You can try to change status to another status that is compatible with having exhausted H-1B status but you would need to consult with an immigration attorney to undestand what your specific options are.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.