QUESTION

H1b in 6th year and visa ending on july 24 and have perm filed on april2 ...we would be out of status by time its approved.wat to do?

Asked on Apr 13th, 2013 on Immigration - Massachusetts
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If you run out of time, you may decide to leave the country or to change your status to some other nonimmigrant category. On the first of two events, I-140 approval or the labor certification filing having exceeded 365 days, your employer may decide to file an H-1B extension on your behalf. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Apr 23rd, 2013 at 6:09 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
Some in your situation try to change status to F1 (or even B1) to remain in status.  The problem with that approach is that because your employer has or will be filing an immigrant petition on your behalf, you have immigrant intent (something not allowed in F1 or B1 status).  You can apply to change your status and gain a few months of processing time as a buffer during which your employment-based petition can be further process.  If you can file the I-485 before your F1 or B1 status expires or the application to change status is denied, then you will be fine.  If your application is denied before you can file the I-485, then you will have to leave the US to process your immigrant visa.
Answered on Apr 14th, 2013 at 9:46 PM

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