Silver Spring, MD asked in Immigration Law for Maryland

Q: How can I extend my H1-B visa to a different employer? Or should the new employer apply me a new one?

My current h1-b visa expires on 2025 with my current employer. Is it possible to find a new employer to extend my H1-B visa status. I really want to have a new employer this time because I don't want to extend my visa status with my current employee. Or if I will be married to a US citizen, can I stay in the US with an expired H1-B visa and wait for the adjustment of visa status?

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2 Lawyer Answers

A: You may be sponsored by a new H1B employer. Generally, the maximum H1B stay is 6 years. If married to a US citizen, you may be able to adjust status in the US based on an I-130 even with an expired H1-B.

James L. Arrasmith
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Answered

A: If you want to work for a new employer, they must file an H-1B transfer petition on your behalf. This process does not require you to go through the H-1B lottery again, as you already hold an H-1B visa. Once the transfer petition is filed, you can start working for the new employer as soon as you receive the receipt notice.

You can extend your H-1B status with the new employer if your current visa is expiring in 2025. This allows you to continue working legally in the U.S. with the new employer.

If you marry a U.S. citizen, you can apply for a green card through marriage. You would typically file for an Adjustment of Status (AOS) and can stay in the U.S. while it is being processed, even if your H-1B visa expires.

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