What to do if my H1B visa is expiring and I want to stay in the US?

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What to do if my H1B visa is expiring and I want to stay in the US?

By next year, I would have exhausted all 6 years on my H1B visa. My employer has refused to file for my green card. I want to know if I transfer to a F1 visa next year by applying for a graduate program. Can I have another employer reapply for a fresh H1B petition that will count against the cap for me the year after (or later assuming I go on OPT) or do I need to physically leave the country for a year before a fresh petition can be filed? Do I have any other options?

Asked on December 19, 2011 under Immigration Law, Massachusetts

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If your 6 year maximum is reached, you can change to a different nonimmigrant status if that application is approved, but you would not be able to get a new 6 year H-1B period until after you have departed the US and been outside the US for a period of 1 year.  You can try to change status to another status that is compatible with having exhausted H-1B status but you would need to consult with an immigration attorney to undestand what your specific options are.


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