H2b visa need lots of help

tc75

New Member
I've been an H2b visa worker in US for about 2 years. My work contract expired this July 07 but the company still wants me to come back this November as I get my renewal of I-94. So my agency told me that I can just apply for change my status to tourist visa so I could stay here until Oct and then they will be able to renew my I-94 so I could start working again at the same hotel. The problem now is the agency left me out. They assumed I went back to my home country so they said they sent a notice of action to USCIS. I visited the office today and said that I will have to go back home now and apply there again since there's nothing they could do. Instead of me paying a few hundred backs to renew my I-94, I will end up paying thousands of dollars and then still unsure whether I will be able to pass or get denied. The agency told me too that the cap has been reached so I have to wait till next year. I don't know what to do now. I would like to continue/extend my h2b or get a new I-94 and work again at the same company without having to go back home. I even have a referral letter from that hotel. I don't to overstay here as much as possible. Please anyone, I would greatly appreciate your suggestions/opinions.
Thank you very much.
 
If your job contract expired then you are basically out of status. You have to go back to your home country and re-apply for an appropriate visa at a U.S. consulate. I would minimize the current overstay in order to maximize the chances of subsequent visa approval.
 
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