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  • H1B replacement

    This is my first time talking about my status problem in a forum like this. I'm pretty excited as I know a few heads together is far smarter than just one-man team.

    I'm a H1B holder and my visa is about to expire in April 2010. I have a few questions in mind:
    1. Can I file the replacement by myself with my employer's support without hiring a lawyer?

    2. I'm working at an elementary school and my contract is renewed annualy in March-April every year. However, I'm not sure if the school will renew my contract. If I file the replacement and it turns out that I either need to change my position in the same school or the school doesn't renew my contract, could I stay in the States if the H1B replacement is approved?

    Many thanks,
    Janny

  • #2
    This is my first time talking about my status problem in a forum like this. I'm pretty excited as I know a few heads together is far smarter than just one-man team.

    I'm a H1B holder and my visa is about to expire in April 2010. I have a few questions in mind:
    1. Can I file the replacement by myself with my employer's support without hiring a lawyer?

    2. I'm working at an elementary school and my contract is renewed annualy in March-April every year. However, I'm not sure if the school will renew my contract. If I file the replacement and it turns out that I either need to change my position in the same school or the school doesn't renew my contract, could I stay in the States if the H1B replacement is approved?

    Many thanks,
    Janny

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    • #3
      No point in renewing the visa while you are in the U.S. until you know that the underlying petition will be renewed.

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      • #4
        No one is required to hire a lawyer to file H-1B- as long as you and your employer know what you are doing. And the fact that you are asking the second question unfortunately leads me to believe you do not and that you should get a lawyer.

        An approved H-1B extension DOES NOT authorize you to stay in the U.S. unless you are actually employed by the petitioner (employer). If your school does not renew the contract then you must leave the U.S. or find a new employer immediately to transfer your H-1B.

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