QUESTION
What should I do if my visa expires in a couple of years?
Asked on May 09th, 2012 on Immigration - Mississippi
More details to this question:
My H1B visa will expire in 2014. My mother turned US citizen last September 2011, and she filed to petition me for a permanent resident visa in November 2011. Can i stay legally in the US even if my H1B visa expires in 2014 since my mother has a pending petition for me?Thanks.
8 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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No unless your priority date becomes current or you renew your h1b.
Answered on Jun 29th, 2013 at 2:20 AM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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A consultation is necessary before a conclusion can be made.
Answered on May 30th, 2013 at 12:49 AM
No, you cannot. You will not be able to even immigrate on the basis of your mother's petition if you fall out of status. Your best bet would be to continue with your status or change to another nonimmigrant status, if you can, so that you can remain in the US until the priority date will become current.
Answered on May 16th, 2012 at 12:03 PM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
No, you must maintain legal status.
Answered on May 16th, 2012 at 11:07 AM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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*PERM Labor Certification* A Labor Certification is an application filed by your future employer. Labor Certification is now known as PERM and moves through the system much faster than before. In fact, if everything goes smoothly, after filing the Labor Certification, it could take only 60 days. This is years faster than before. It is an offer of employment that will allow you to work for that employer when you get your Green Card. My office prepares the paperwork and application and then sends it out for signature to you and your employer. We guide both of you through the entire process so that you will never wonder what to do next. Please note that even though the Labor Certification process is much faster, that it is still taking years for the visa number to become current. After it is pending for 1 year, you can get yearly extensions on your H-1B.
Answered on May 14th, 2012 at 9:06 PM
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It could be several years before the petition your mother filed for you becomes current. The petition your mother filed for you does not give you any ability to remain in the U.S. You may want to consider asking your company to start the permanent residence process before the end of your fifth year in H-1B status so that you may extend your H-1B past six years.
Answered on May 14th, 2012 at 8:43 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You cannot stay in the US legally after your H1B expires unless your priority date becomes current and you apply for adjustment of status before you get out-of-status.
Answered on May 14th, 2012 at 8:22 PM
Thomas J. Rosser
No, a pending immigrant petition for an unmarried adult child of a US Citizen (Family based-1 Classification) or married adult child of a US Citizen (Family based-3 classification) does not allow you to remain in the US legally without an underlying valid non-immigrant visa such as your current H-1B. There is a multi-year wait, shorter or longer depending upon your nationality, for immigrant visa availability under the current system based upon the priority date reflected in your I-130 Approval Notice filed by your mother.
Answered on May 14th, 2012 at 8:20 PM