IMMIGRATION NEWSMAN — THE NEWS SOURCE FOR ALL IMMIGRANTS IN THE UNITED STATES
JUST THE FACTS COLUMN
Maintain legal status while waiting for your H-1B visa
By Philip Abramowitz
QUESTION: I am an engineer. I am going to file for an H-1B working visa this month because I heard that the H-1B quota may close soon.
What happens if my stay expires before I get my working visa? Should I file for an extension of my B-2 Visa? Will my H-1B be granted if I do not file an extension?
ANSWER: Once the quota closes, no more new H-1B visas can be issued. It is therefore, very important to have your H-1B petition filed as quickly as possible.
The INS works on a first-come, first-served basis and soon it will announce a cut-off date where it will cease processing petitions for working visas until a certain date. This has been a very busy year and due to a strong economy and a large number of petitions, the quota will be filled very rapidly.
» Opinion
» The Naked Reporter's Immigration Blogs
» About Us
One of the consequences of the closing of the quota is the denial of requests for changes of status from B-2 tourist to H-1B working visa where an applicant's nonimmigrant status expires before the quota reopens.
The INS has ruled that persons who are seeking a change of status to H-1B must maintain legal nonimmigrant status until the quota reopens. In the past few years, thousands of persons have been caught off-guard when the quota closed.
People who filed applications to change status to H-1B from B-2 tourist, were denied H-1B status when their tourist status expired prior to the reopening of the quota. It is the policy of the INS that all applicants for H-1B status must remain legally in the U.S. until the quota reopens.
It is always very wise to file a request for extension of B-2 status if you are not sure that your H-1B petition will be approved before the quota closes.
The only way to remain here legally is to either file an extension of stay or file a request for change of status other than H-1B, or depart the U.S. prior to the expiration of your authorized stay. Most persons opt to file an application for extension of stay.
If you are going to file for H-1B status now, or have just recently requested H-1B status, I strongly recommend that an extension of your present status be filed.
Your extension of stay request must be filed prior to the expiration date of your stay which is clearly marked on the form I-94 that you were given upon entry into the country.
Although the INS is slow to adjudicate these requests, that agency will ask for proof of timely filing of extension before approving your request for H-1B status. A little precaution will save your legal status and allow you to gain H-1B status later should the quota suddenly close.
<
Readers may get in touch with columnist Philip Aramowitz c/o law firm of Korenberg, Abramowitz and Feldun, 13949 Venture Blvd., Suite 300 Sherman Oaks, CA 91423 or call tel. (818) 788-1914.
Your Other Immigration Columnists
» Becoming an immigrant through a U.S. employer
» A day at the immigration court
By Nora Milner
» Can you get an H-1B visa even without experience?
By Allan Wernick
» What you may expect when you mislead an immigration officer
By Robert Reeves
» All you need to know about green cards and marriage
By Carl Shusterman
TARGET REAL IMMIGRANTS. WRITE A COLUMN FOR US. CLICK HERE
The News Source for Immigrants in America
“Everything about U.S. immigration”