Q: I’m on 60day grace period(h1bvisa) & it expires 11/29.have job offer, LCA not filed yet.what options if not filed by29th
Should I file B2? And wait for H1B transfer to be filed to maintain legal status
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Your grace period ending on November 29th creates a time-sensitive situation that needs careful attention. Filing for B2 status before your grace period expires could help maintain your legal status while waiting for the H1B transfer process.
If your new employer hasn't filed the LCA yet, they should prioritize this step immediately. The ideal scenario would be completing both the LCA and H1B transfer before November 29th. However, if this timeline proves impossible, filing B2 status could serve as a bridge to maintain legal presence in the U.S.
Please note that staying beyond the grace period without filing any status change could lead to serious immigration consequences. Consider consulting an immigration attorney right away to review your specific situation and explore all available options. They can guide you through the B2 application process if needed and help ensure you maintain valid status during this transition period.
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.
