H1B Expiring and used up all 6 years

E

edit23pro

New Member
Hi,

My current H1B will be expiring in Sept 2014 and I would have used up my 6 years. My current employer is not currently able to sponsor the GC processing as the company is not doing well financially. They are willing to do it, however, once the financial situation changes. I am concerned that there is not enough time to wait to see if the company's financial condition will change. Also, even if it does and they are able to find a way to do so, I fear that the company's financial history and past tax issues may be a road block in the GC approval process.

With these factors, I want to know what options I have to maintain status after the expiration of my visa. I want to remain in the U.S. Is switching to F1 an option? What are the chances of denial for F1? If there are any other available options, please advise.

Thank you in advance for any advice on this matter.
 
You can apply for change of status (COS) without leaving the U.S., as long as you're maintaining your H1 status.
You'll be facing a 3-year-ban if you stay in the states out-of-status for more than 180.

Disclaimer: The information provided is of a general nature and is not intended to be construed as legal advice or creating an attorney-client relationship with Law Firm.

edit23pro said:
Hi,

My current H1B will be expiring in Sept 2014 and I would have used up my 6 years. My current employer is not currently able to sponsor the GC processing as the company is not doing well financially. They are willing to do it, however, once the financial situation changes. I am concerned that there is not enough time to wait to see if the company's financial condition will change. Also, even if it does and they are able to find a way to do so, I fear that the company's financial history and past tax issues may be a road block in the GC approval process.

With these factors, I want to know what options I have to maintain status after the expiration of my visa. I want to remain in the U.S. Is switching to F1 an option? What are the chances of denial for F1? If there are any other available options, please advise.

Thank you in advance for any advice on this matter.
Click to expand...
 
You must log in or register to reply here.
Top