Urgent : H1-B visa terms ending soon and exploring options to legally stay in the US

[VSharma007]

Hi,

 

Here’s my situation : I’m currently working on a valid H1-B visa which is scheduled to expired on Oct 1, 2013 (2^nd term). There have been some management changes in the company I work for and they cannot support my Green Card application. I was recently notified of this. While I’m trying to move to other positions/roles within or outside this company, I want to know what are my options (including student or any other visa) to legally extend my stay in the US.

 

Please note I also stayed outside the US for over 7 months during my H1-B duration and so believe I can get my visa terms extended (i.e. this duration recaptured) if an employer is willing to do a premium processing. Can you confirm if that is correct? 

 

Any guidance you can provide will be greatly appreciated.

 

Thanks so much.

 

[omshiv]

You are correct. You can capture those 7 months and extend your H1B till then. If you have 7months + 4 months (July - Oct) and if any employer is willing to sponsor your GC right away then you have chances to stay back in the US without leaving.

[t75]

You were never guaranteed a GC.  You need to plan to return to your home country if your skills are not needed in the US.  In order to return to the US on another H1B, you must spend 1 year outside the US before another sponsoring company can file for you. Getting a student visa accomplishes little since the stay outside the US still applies after you get another degree.