If my H4 visa expired almost 2 years ago, what is the possibility of me getting an H1B visa?

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If my H4 visa expired almost 2 years ago, what is the possibility of me getting an H1B visa?

Before the expiration of my visa, I was applied for a derivative T-visa. We got denied only 2 months ago. I am finishing my master’s this spring on the basis of my initial enrollment before the expiration of the H4 visa.

Asked on April 23, 2015 under Immigration Law, Georgia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Do you have a valid nonimmigrant status at this point?� THe visa itself is not important but the I-94 is.� Do you still have a valid I-94?� If not, you will not be eligible for a H-1B as a change of status.� For consular processing too, if you are in the US unlawfully for more than 180 days, you will be barred from reentry for 3 years.


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