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Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12049
Experience:  10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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My Employer filed for a H1bVisa but the quota has been met

Resolved Question:

My Employer filed for a H1bVisa but the quota has been met and cannot file until April. My work permit expires in March. the question is how may I stay in the US legally until my H1B petition is heard? What are my options?
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Georgetown Lawyer replied 5 years ago.
Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience....what kind of "work permit" are you on now? what visa?
Customer: replied 5 years ago.

Category Co3B - Student: Post completion opt. My employer filed for a H1B visa for me to continue working but the quota is already met

Expert:  Georgetown Lawyer replied 5 years ago.
Ok, great. file form I-539 for change of status to b2 visitor to buy time to stay here legally. You will need to show them that you have a ticket purchased for 6 months later (the time you will be given the b2 for); show funds in the bank that you can support yourself as a visitor while you are here, or if you have no funds to show, then get an affidavit of support (I-134) signed by someone who can show they can support your "visit". This will keep you in status and you are allowed to be here while you wait for the decision on your I-539. This is a common method to fill the gap in status and allow a person to be here legally until they can file for another visa.

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