Applying for H-1B when out of status

abdrahman11

New Member
Hi all,
If someone is currently residing in the U.S. but they are out of status (their visa expired and they never left). Can that person possibly apply for a H-1B while in the U.S. without having to leave the country?

Even if they happen to be an experienced IT professional with years of working experience in the U.S.?

Thanks in advance for any help.
 
A H-1B employee becomes 'out of status' from the day the employer stops paying, even if the H-1B visa is still valid. Please note that a H-1B extension application must include recent pay stubs and current status information.
 
This is actually not for myself but it is for someone whom I know. I know that they are out of status but I do not know about how long their visa or I-94 has expired.

My original question is that is there a problem with them applying for a new H-1B while in the US even if they are currently do not have any status.

Thank you.
 
Top