Status while preparing for re-application?

D

doitrite

Registered Users (C)
My wife is going to have used up her H1b by May this year, so she needs to get another type of visa. In case the new visa is not approved at once, we're planning to re-apply. My question is whether she can legally stay in the USA during the time between the disapproval and re-application. If so, how long? Thx

do it rite
 
What kind of Visa she is going to apply if she completed 6 years on H1b?
Did she have LC filed for her by ANY employer that was filed 365 days back?
 
It's O, which has no cap.
--- O-1 Visa has no cap she can apply change of status from H1 to O-1 before her H1 expires. Remember it is not easy to get O-1 that is mainly for extraordinary ability persons and mostly who are in motion picture and television arts get it easily than other fields. Remember every lawyer is not expert in O-1 visa. If you think she is eligible for O-1 then why don’t she file her EB1 I-140 directly?
 
It's a bit complicated... The O visa is filed by a company who would not sponsor a green card at the moment. Yes, O has been primarily used for movie stars and pro sports players, but recently it is increasingly used for scientists as well.

do it rite
 
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