My H1B Visa expires end of Dec 2014 . I have already used my 6 years on H1B. What are my options to legally stay in the country?

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My H1B Visa expires end of Dec 2014. This is after reinstating all the days I was out of the country in the last 6 years. My PERM application was submitted in Mid Sep 2014 and is still being processed by DoL status. What are my options to continue working legally herein the US ? Also, I have my brother's wedding in Jan 2015 in my home country. Can I step out of the country and be back without having to wait a full 1 year to apply for a fresh H1B ?

Attorney Answers

3
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Given that your employer has failed or was unwilling to apply for the PERM at least 365 days prior to your H-1B's max out period of 6 years expiring, not much, am afraid, at least not in H-1B status. You'll have to remain outside the US for one whole year & then seek to come back on a "fresh" 6 year H-1B period.
0 upvotes
Ramesh Gurnani ·
On the basis of information provided by you, you have no options for a non-immigrant visa that will allow you to work in the USA. You should, though, discuss this in person with an immigration attorney.
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F Capriotti 2793192.Html ·
I agree with my colleagues .. you don't appear to have any options. Perhaps you can to back to school and get OPT ... or just go home for 1 year ... maybe working remotely.
0 upvotes