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We were able to develop a strategy to help our client remain in the United States after his H-1B visa expired so that he could find another job to sponsor him. Learn what we did to get his B-2 visa approved so that he wouldn’t be forced to leave the U.S. with his family and could have additional time to secure employment!
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.
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 an approval for the B-2 visa so that our client could remain in the United States and continue the job search.
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.
Having a team on your side who can think critically in situations like this is crucial. While it may seem like immigration law is black and white, there are in fact many gray areas and hiring an attorney who can find creative solutions to complex problems is invaluable. If you need assistance with your immigration case it’s best to reach out to us directly. Schedule a consultation with one of our attorneys to get started!