Immigration Law Questions? Ask an Immigration Lawyer.
Hello! Thank you for using Just Answer. I'm happy to answer your immigration questions, and will do my best to do so based on my expertise. Please note that while you are working with me, I also will be working with several other customers, so you may experience delays. Your questions WILL be answered in the order they are received; therefore, please be patient as we work through your questions.
QUESTION: What are my options to remain in status?
ANSWER: Unfortunately, you already are out of status, when your H1B status expired. Yes, you filed the I-140 and the I-485 prior to the end of your H1B status, but you are not in any valid status now. You are in what is called authorized stay, where you are authorized stay until a final decision is made on your petition and application.
So the only option at this point is to await the answer of the appeal. You cannot change your status to any other status, since your previous status has already expired.
Note that you cannot get any extension past 6 years on the H1B, unless you have a PERM pending for 365 days or more, or you have an approved I-140. So you are not eligible for an extension of the H1B past the 6th year. Furthermore, even if you were, you've already fallen out of status and therefore you have no status from which to extend.
I hope I have answered your questions. Please click one of five faces to let me know how I've helped. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification. Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you. Also consider leaving a BONUS and some positive feedback - both are much appreciated.Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyerThank you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).