November 26, 2018

Consequence Of Delaying The Green Card Process And When Does H-1B Status Expire & How To Regain H1B Status?

Our EB-2 visa lawyers frequently receive the question: what happens if I wait until my H-1B status expires before applying for a green card?The answer is relatively straightforward. By submitting an I-485 you’re essentially asking USCIS to adjust your status from H-1B to green card (lawful permanent resident) status. Check for H1B Visa Evaluation in UT Evaluators

The operative words to remember are “adjust your status”. If you are not in status, meaning that your H-1B has already expired, then you can’t technically adjust it. For that reason, the USCIS will usually deny your request and you may be subject to the consequences of remaining in the U.S. while “out of status”. Moving from H-1B to green card involves methodical steps that could result in delays or denials if done improperly. For that reason, the H-1B to green card process is best handled by a qualified immigration attorney.

H-1B Status Expire

You can determine the date when your H-1B status expires by looking at the date listed on your I-94 Arrival/Departure Record. You should have received an I-94 card from the port of entry officer who performed the inspection upon entrance to the U.S. (before April 2013).

If you entered the U.S. and then changed your status to H-1B, the expiration date should be at the bottom of the USCIS approval document. Individuals can consult the Customs and Border Protection database for an electronic copy of their I-94.Once your H-1B status has expired, you will have a 10-day grace period to arrange preparations to return to your home country or to find a way to extend your status beyond the usual maximum.

H-1B Status Regain After Expiration

If your H-1B status has expired and you want to try to regain it, there are a few options. USCIS may allow you to extend your status (under section 214.1(c)(4) regulation 8 C.F.R. if you meet their criteria: For H1B Visa Process Visit here

A. The applicant or petitioner was delayed in filing the extension due to extraordinary circumstances outside his or her control.

B. The alien hasn’t violated their nonimmigrant status, remains a bonafide non-immigrant and is not the subject of removal proceedings or deportation.

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