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My friend is on h1b cap exempt visa valid till jun 2017.he lost his job now .hw long can he stay in the US?

Immigration 2 views 3 answers
he was working for a university on cap exempt visa h1b valid till jun 2017.he got a job in a for profit company,he was working for the for profit company with the status that his application for h1b cap was pending.he also applied o1 visa.he is a phd.H1b cap and o1 got denied.now he has no job but a cap exempt visa valid till jun 2017.what can he do now?will he go out of status?what can he do to avoid out of status situation?

Attorney Answers

3
Tripti Sharma ·
He seems to be already out of status if he lost his job and other petitions to change status were denied.
0 upvotes
Hany Brollesy ·
If he is no longer working, and does not have any petition to change his status already filed, then he is already out of status.
0 upvotes
Jagbir Terkiana ·
Since there is no timely filed pending petition, and he stopped working, he is already out of status. Best option would be to reapply for O-1 under premium with a more solid paperwork, and seek a nunc pro tunc. Keep track of unlawful presence - 180 days or more will subject to 3 year bar, and 365 days or more will subject to 10 year bar.
0 upvotes

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