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Regaining H1 status a while after expiration.
- Thread starter GotPR?
- Start date
great guru
Volunteer Moderator
GotPR? said:Guru, please shed light on it.
If H1 visa got expired and person is still staying in the US(it's out of status, or it might be regarded as unlawful presence), is there any way to regain H1 status ?
Yes, but one has to go out and come back with approved H1 papers, if it is few months safe to come back.
If it is more than180 days, you will be barred to enter US several years - 10yrs.
Thanks, Great Guru
Is this supposed to be brandnew H1(I mean it comes under H1 cap) or somthing like H1 transfer or something else, if this person has already job offer ?
The problem is since H1 is expired, i94 is expired too, so that it's overstay
rather than out of status. It is less than 180days though.
How seriously does it hit on obtaining another H1 ?
Is this supposed to be brandnew H1(I mean it comes under H1 cap) or somthing like H1 transfer or something else, if this person has already job offer ?
The problem is since H1 is expired, i94 is expired too, so that it's overstay
rather than out of status. It is less than 180days though.
How seriously does it hit on obtaining another H1 ?
Last edited by a moderator:
great guru
Volunteer Moderator
GotPR? said:Thanks, Great Guru
Is this supposed to be brandnew H1(I mean it comes under H1 cap) or somthing like H1 transfer or something else, if this person has already job offer ?
The problem is since H1 is expired, i94 is expired too, so that it's overstay
rather than out of status. It is less than 180days though.
How seriously does it hit on obtaining another H1 ?
before applying H1 transfer, if your I 94 is expired, you will not get H1 transfer. You will get only new h1 it may not be under Quota.
This kind of situation, if you go out of US for visa stamping, counsel may not stamp it because you are over stayed with no status.(Even if it is less than one month, counsel out side will view it differently because they find every way to reject your H1, normally H1 can not be denied unless fradulaent certificates, bogus companies)