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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110546
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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im in Florida on a H2b visa right now, im also

Customer Question

im in Florida on a H2b visa right now, im also attending school in the U.S my visa will be expirng on the 31 dy of July. Can i get an extention on my visa and if yes for ow long and what are the process.
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
Yes, you can get an extension on your visa. Under the general U.S. immigration rule, you must file an EXTENSION OF STAY application for a non-immigrant status (e.g., H-1B, O, L, etc.) BEFORE your original status expires. USCIS Form I-129 consists of a basic petition and different supplements that apply to the various visa categories. In order to petition for a temporary worker, the prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, and the appropriate supplement with the U.S. Citizenship and Immigration Services (USCIS) accompanied by the required payment, and initial evidence or documentation.

In some cases, the employer must get a certificate from the Department of Labor prior to filing the I-129. This process is described below in the appropriate categories.

Once the petition is approved, the employer or agent is sent a Notice of Approval, Form I-797. Approval of a petition does not guarantee visa issuance to an applicant. Applicants must also establish that they are admissible to the U.S. under provisions of the Immigration and Nationality Act (INA).

You can also get a student visa if you are enrolled in an educational program. Students should apply for their visa early to provide ample time for visa processing. Students may apply for their visa as soon as they are prepared to do so. The consular officer may need to get special clearances depending on the course of study and nationality of the student. This can take some additional time. For more information on applicants who may have additional processing requirements go to the INS website. Embassies and Consulates are able to issue your student visa 120 days or less, in advance of the course of study registration date. If you apply for your visa more than 120 days prior to your start date or registration date as provided on the Form I-20, the Embassy or Consulate will hold your application until it is able to issue the visa. Consular officials will use that extra time to accomplish any of the necessary special clearances or other processes that may be required. The Department of Homeland Security regulation which requires that all initial or beginning students enter the U.S. 30 days or less in advance of the course of study start/report date as shown on the Form I-20. Please consider this date carefully when making travel plans to the U.S. A beginning student who wants an earlier entry into the U.S. (more than 30 days prior to the course start date), must qualify for, and obtain a visitor visa. A prospective student notation will be shown on his/her visitor visa and the traveler will need to make the intent to study clear to the U.S. immigration inspector at port of entry. Before beginning any studies, he or she must obtain a change of classification, filing Form I-539, Application for Change of Nonimmigrant Status, and also submit the required Form I-20 to the Department of Homeland Security office where the application is made. Please be aware that there is an additional fee of $140 for this process, and that one may not begin studies until the change of classification is approved. Continuing students may apply for a new visa at any time, as long as they have been maintaining student status and their SEVIS records are current. Continuing students may also enter the U.S. at any time before their classes start.

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Customer: replied 8 years ago.
my question was not fully answered. I am already in the U.S.A . I need to find out if there is a possibility that my H2 b visa can be extended without the company's help
Expert:  Law Educator, Esq. replied 8 years ago.
No, you need to file the extension of stay for the H2B visa and your company will need to be involved. That was why I gave you the information about conversion to the student visa, in case you wanted a visa to remain in the U.S. without requiring your employer's involvement.

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