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?
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.