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H1B expires next month

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  • H1B expires next month

    Hi guys,

    I was hoping someone in this forum can help me. My H1B is expiring next month Sept 30th, and it was my 2nd term of 3yrs. I did not file for green card application because during the last year of my term, our company was sold, so the transition was just weird. I didn't know who to ask to file for me (either the old or new owner). To cut it short, I have nothing filed and my H1B expires in a month. What are my option to stay in status?
    * Can I switch to F1?
    * Is there some sort of fiance visa? My bf and I are not yet ready to get married right now.
    * What other options do I have besides going back home for a year and applying for a new H1B? My company is willing to help me, I just need to know what to do.

    Please advise.
    Thanks!

  • #2
    * Can I switch to F1?
    >>> Yes. But you cannot file a new H1B petition until you spend 1 year outside U.S. If you are planning to file a fresh h1B after spending 1 year in F1, that wil not work.

    * Is there some sort of fiance visa? My bf and I are not yet ready to get married right now.
    >>> No. You need to be married to get a dependent visa.

    * What other options do I have besides going back home for a year and applying for a new H1B? My company is willing to help me, I just need to know what to do.
    >>> No other option other than to leave U.S or switch to another status that will let you stay in U.S. If you take the 2nd route, you cannot file H1B or L1 until you spend 1 year outside U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

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