Immigration - Frequently Asked Questions

Frequently Asked Questions On Immigration

H-1B Expires before Green Card

Q. What will happen if my H-1B visa expires before I get my green card?

A. Once your H-1B visa expires, the law requires you to leave the country unless you change to another legal status. An example is O-1 temporary work status for individuals of extraordinary ability. Pending green card application will not protect you. You will become "illegal" and removable if it happens. However, as an employment-based applicant, you will be interviewed here by the INS even if you are here up to 180 continuous days out of status. That rule might not help you since in this region the INS is taking three to six months to decide employment-based petitions.

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(By Alan Wernick)

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