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  • H1 B

    Hello,
    My H1b is expiring on Sept. 07 w/c 2nd extension (6 years)and my Co. will not be able to petion me for GC due to some code needed for labor cert/perm. But my son who is a US Citizen can petition for me but will not be able to untill he turn 21 on Nov. 07. My problem is that 2 month gap that my H1B status expiring and my son wont be able to file untill he turns 21. Please help any info on this will be appreciated...Thank you in advanve

  • #2
    Hello,
    My H1b is expiring on Sept. 07 w/c 2nd extension (6 years)and my Co. will not be able to petion me for GC due to some code needed for labor cert/perm. But my son who is a US Citizen can petition for me but will not be able to untill he turn 21 on Nov. 07. My problem is that 2 month gap that my H1B status expiring and my son wont be able to file untill he turns 21. Please help any info on this will be appreciated...Thank you in advanve

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    • #3
      My guess (I'm not a lawyer) is that you need some way to maintain status here (try for a B1/B2 visa, for example) or leave and have your son start proceedings.

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      • #4
        Any other posibities besides leaving US

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        • #5
          Again, you can try to get a visitor's visa, but there are no guarantees that you can. Someone else may have some other ideas. Of course, with a visitor's visa you wouldn't be allowed to work.

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          • #6
            thx for the response Aliba...Anyone else have some other ideas

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            • #7
              It doesn't hurt to try your luck at the Diversity Visa. The application period is goin on right now. Good Luck!

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              • #8
                It is my understanding that if you file an I-539 for a change of status from H to B-1 visitor you will be considered in status while the application is pending. These applications take about 2 months (sometimes more sometimes less) to adjudicate.

                I also am not a lawyer so please take my paltry opinion with a grain of salt. I understand that the same exact opinion would be held in much higher regard if it was uttered by a barrister as it would probably be stated in a more elegant way. It may even be put in writing and be accompanied by acro fasteners and colored tabs that divide the opinion into different sections complete with a table of contents.

                Oh they serve us so well.

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