Background
As an H-1B holder, you can apply to extend your visa when it’s about to expire. However, H-1B’s can only be granted up to 6 years. Our client, facing job loss after an H-1B extension, was confronted with a limited timeframe to secure new employment and needed more time than the standard 60-day grace period. His wife was also in the same boat, as she was in the U.S. on an H4 visa, and was subject to the same rules. As an H-4 visa holder, her work authorization depended on her husband’s H-1B status. In these circumstances, our client was left with no job and only had a short period to find a new job to sponsor him with his H-1B.
VisaNation Case Strategy
With a family and kids in school, we understood that our client needed some more time in the U.S., and we needed to act quickly. By opting for a B2 visa, our client gained the necessary extension and flexibility to find a new job in the United States. A B-2 visa is typically used for individuals entering the U.S. for short periods of time for leisure. This move allowed the client to remain in the country beyond the initial 60-day period, providing a crucial lifeline during the job search process. The decision to pursue a B-2 visa demonstrated a keen understanding of the client’s unique circumstances and a proactive approach to addressing the challenges posed by the H-1B visa situation.
We submitted a number of documents to USCIS to support our case, including copies of the applicant’s previous H-1 approval notices, Form I-539, Application to Extend/Change Nonimmigrant Status, copies of signed statements from our client, recent paystubs as evidence of maintaining lawful status, bank statements to prove financial stability, and more.
In all, it was more than enough to gain approval for the B-2 visa so that our client could remain in the United States and continue the job search.
Verdict
This case underscores the importance of having a comprehensive understanding of the available immigration options and being able to adapt to changing circumstances. It showcases how strategic thinking and a well-executed legal approach can provide individuals with the necessary time and resources to navigate unexpected challenges in the complex landscape of an expiring visa.
