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Ram20

H-1B expiry approaching - No GC filed - options to legally continue?

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Hello - My H-1B visa/I-797 would expire by 8-Apr-2020 and I94 by 18-Apr-2020. Max out date - 05-May (6 years completion). No GC petition has been filed. I was to depart by end of March but couldn't due to COVID-19 situation. My employer would apply for an extension until Max out which is roughly a month away. However, with the ongoing situation, it is likely that I may not be able to travel until May or further. 

How can I continue to stay in the U.S. until the situation is safe to travel and also be employed? What options if I can't be employed but at lease continue until the time it is safe to travel. Please advise.

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You can stay until your H1B is under processing and you get some result.

You can apply for B2 visa and you can stay until processing. I may be wrong since I do not know whether you can do this being in US.

 

Edited by gopalakrishnach

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The US government and USCIS will do everything to help you in these times. Contact USCIS directly or through attorney. However, things would hopefully cool down before your expiry facilitating your travel back to your home country.

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Its better to check with an attorney on what are your options. 

You can file a B2 petition and use that to stay after May as a temporary measure. 

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Does the May max out date include the vacation time you spent outside US in the last six years?

if so, your only option is to apply for cos to B1B2 before your I94 expires..

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