Is it possible to apply for another kind of visa while my H2B visa application is still pending?

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Is it possible to apply for another kind of visa while my H2B visa application is still pending?

While I was on a tourist (B2) visa I applied for H2B visa. My tourist visa expired 5 days ago and i still have no answer for my H2B. Is it possible to apply for another kind of visa while my visa application is still pending. If I won’t get my visa, what should I do ? Can I reapply or is there any other option becouse I don’t want to stay illegaly?

Asked on March 30, 2012 under Immigration Law, Virginia

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When you say "your visa expired" do you  mean your actual visa or the I-94?  The visa expiration is irrelevant; it's the I-94 that determines your authorized period of stay in the US.  If you had applied for the H-2B while it was still valid, you can remain in the US while it is being adjudicated.  However, if your I-94 has now expired, you cannot apply for any other type of change of status since you have to be "IN status" to apply for a "CHANGE of status" and while you are remain in the US now hwile the H-2B is being reviewed, it is not the type of status from which you can change to another by filing another type of petition.


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