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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?
Anonymous3 views3 answers
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 ?
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.
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.
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.