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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
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Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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H1B Visa Questions

Getting a H1B visa or H1B visa transfer can be a little confusing if you don’t know what you need to do or who to turn to for help. Immigration Lawyers on JustAnswer frequently answer many H1B visa related questions and can help answer yours as well. Here are five of the top H1B visa questions.

Can someone file for a H1B transfer if another company wants to hire and file a H1B extension before it expires?

In most cases yes. Usually you are not restricted to an extension being requested or filed only through the petitioning employer. Any employer can file for an H1B extension. For H1B extension questions feel free to ask Immigration Lawyers on JustAnswer to answer your questions.

If someone has a H1B visa, green card and labor and I140 are completed but their visa is going to expire soon, how long can they stay in the USA if their employer does not file a H1B visa extension?

In most cases there is no grace period once a H1B visa has expired. Technically a person must leave USA on or before the expiration date. However, if you have applied for a F1 visa and can show proof of receipt prior to the expiry date, you will be authorized to stay.

If a new employer files H1B petition after someone’s expiry date, when can the employer file H1B visa?

The new employer may file for the extension as long as you are in status provided the former employer has not withdrawn the I-140 petition. The new employer may request a 3-year visa based on the approved I-140. Any employer can request the H1B extension - it does not have to be the same employer who filed the I-140 petition.

If someone were to switch to a B1/B2, how long can they stay in the country? Is there a grace period for leaving the country?

It can depend on how many months you are approved for by the USCIS. The maximum stay on a B2 visa is 6 months. You can apply for an extension of another 6 months before the end of your previous B2 visa. However, there are no grace periods for staying in the country if you are considered “out of status”.

Can someone have both a H1B visa and a B2 at the same time?

You can only be on one non-immigrant visa at a time. Since both the H1B and the B2 are non-immigrant visas, you will have to choose one over the other, not both. In this case, if you apply for an H1B visa and then submit a B2 visa, the B2 visa will take precedence. However, if you file for the B2 visa first and then file for the H1B visa, the H1B will take precedence over the B2 visa in most cases.

If you are faced with questions like these or need further clarifications on your rights or limitations with regard to H1C visas, Immigration Lawyers on JustAnswer can help answer your questions and point you in the direction you need to go.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 35225
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
characters left:
2 Immigration Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Immigration Lawyers are online & ready to help you now

Guillermo J. Senmartin, Esq.
Immigration Lawyer
Satisfied Customers: 30464
10+ years of experience in various aspects of U.S. Immigration Law.
Georgetown Lawyer
Immigration Lawyer
Satisfied Customers: 8543
10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
Wilton A. Person
Immigration Lawyer
Satisfied Customers: 3550
Knowledgeable and experienced immigration lawyer.

Recent H1B Questions

  • Hi Guillermo, With regards ***** ***** previous question, If I

    Hi Guillermo, With regards ***** ***** previous question, If I apply for premium processing and get it approved will I be able to stay unemployed for 5 days? I am trying to find a solution for the 5 days on unemployment that I will have. Thanks Ragav
  • Hi Wilton, I am with Company A on H1B. Company has applied for a petition with USCIS. I

    Hi Wilton, I am with Company A on H1B. Company B has applied for a petition with USCIS. I will be leaving company A soon saying that I am still contemplating that I might return to home country. If I decide not to return back, there will be 5 days of unemployment between leaving company A and joining company B.
    Two questions here:
    1. is there any significance of my reason to companyA with respect to visa that might be affected if I just join company B and decide not to go back?
    2. 5 days of unemployment inbetween is acceptable?
  • Can my previous company enforce noncompete against me? I am

    Can my previous company enforce noncompete against me? I am in transition period between companies and I have received threats constantly.
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