View Full Version : what are my options...

02-08-2010, 11:33 PM
am in my 8th year H1 due to expire in april...with an approved 140.(not a june 07 filer..no EAD)

My company is merging and i may get the axe..i have tried all tricks...but my exit is imminent..;(..well that's life.

I was about to file for my H1 extension... and now i may not be able to do that.

My spouse is on H1(Dec 2010) and we are expecting in april..and she thus cant travel.

I don't want to change to H4...(if i return i may switch to CP..hence i dont want to change to H4 and lose the GC process)

so can anyone please tell me,

a.) after my H1 expires in april, can i stay for a month or so and then leave the country?..will i be in any trouble at the port of exit.. i need time to pack and ship..hence the delay...

...Should i seek a legal advice???

... i just want to know.. if i can approach the USCIS and explain and get some kind of extension..

..do you know anyone who has been in a similar situation..

what are my options.. any advice will be appreciated...


02-08-2010, 11:47 PM
Delaying beyond your legal stay would obviously make you out of status and there are quite a few repercussions for it. It is still February, you still have time
Unfortunately, this forum has very few answers ,mostly questions being posed,so, I doubt you'll get any useful responses

Roger Binny
02-09-2010, 04:55 AM
Sorry to hear the situation.

As you know if you can find another job based on H1 then no problem in porting your H1 to a new employer,now being in feb april is 50 days away so hope for best.

In this situation, yes, legal advice is preferred, relying info on the forums is never a right idea when it comes to a situation where stakes are high.

If there is any option of changing to H4 now and switching back to H1 later and pick the GC process where it was left before then that would be an ideal scenario, only an experienced attorney can answer this, hence the legal advice option.

Compared to H4, over stay may cause more trouble for now and later in AOS.

PS: My 2 cents and i'm not an attorney.