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vanessamaagad

Does he have to go back?

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Hi! How yall doing? I’m here asking for a friend. He’s from Germany and he has been living here for 7 years now and next month his Working Visa is gonna expire. Does he have to go back to Germany to get a new visa? Or is there any way he can get a new visa or an extension here in the US? All your answers will be greatly appreciated! Thank you!

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Well that will depend on what his employer's plans are for him. Do they want to keep him? Are they going to sponsor his green card? Or do they just want to keep him on a visa? 

 

If his visa expires next month I'm very surprised his employer hasn't done anything yet. Are they expecting him to leave his position? 

Edited by JFH

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5 minutes ago, JFH said:

Well that will depend on what his employer's plans are for him. Do they want to keep him? Are they going to sponsor his green card? Or do they just want to keep him on a visa? 

 

If his visa expires next month I'm very surprised his employer hasn't done anything yet. Are they expecting him to leave his position? 

Yes same friend. I’m sorry i forgot to include that his company extend his contract for another 2 years but then his visa is gonna expire next m

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5 minutes ago, Merrytooth said:

Has company filed for his H1B extension already?

 

I think they only extend his contract for another 2 years and not his visa. They don’t even want to sponsor him for Greencard although he has been working in the same company for 7 years now. No promotions and all that.

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The company still has time to file for extension before his H1B expires.

 

https://www.uscis.gov/forms/how-do-i-use-premium-processing-service

 

USCIS guarantees 15 calendar day processing to those petitioners or applicants who choose to use this service or USCIS will refund the Premium Processing Service fee.

 

Your friend should seriously consider his options at this time, since the company is not sponsoring him green card!

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After looking through the previous thread, I don't think there are alternative routes that haven't been presented to you/your friend. 

 

If those options are overwhelming for him, he should meet with a lawyer at a consultation to go over them. With less than a month until his status expires, he's really late in the game.

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7 minutes ago, GreatDane said:

After looking through the previous thread, I don't think there are alternative routes that haven't been presented to you/your friend. 

 

If those options are overwhelming for him, he should meet with a lawyer at a consultation to go over them. With less than a month until his status expires, he's really late in the game.

You think so? I have been telling him about getting a lawyer but he’s not listening. So can he extend his visa here or does he have to go back to Germany and process his visa and get an interview at the US consulate?

19 minutes ago, Merrytooth said:

The company still has time to file for extension before his H1B expires.

 

https://www.uscis.gov/forms/how-do-i-use-premium-processing-service

 

USCIS guarantees 15 calendar day processing to those petitioners or applicants who choose to use this service or USCIS will refund the Premium Processing Service fee.

 

Your friend should seriously consider his options at this time, since the company is not sponsoring him green card!

Thank you! I’ll tell him all about this.

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34 minutes ago, Merrytooth said:

The company still has time to file for extension before his H1B expires.

 

https://www.uscis.gov/forms/how-do-i-use-premium-processing-service

 

USCIS guarantees 15 calendar day processing to those petitioners or applicants who choose to use this service or USCIS will refund the Premium Processing Service fee.

 

Your friend should seriously consider his options at this time, since the company is not sponsoring him green card!

He said his company was filing for an extension but they are still sending him to Germany for an interview. Does that make sense? I’m sorry idk much about these stuff.

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24 minutes ago, vanessamaagad said:

You think so? I have been telling him about getting a lawyer but he’s not listening. So can he extend his visa here or does he have to go back to Germany and process his visa and get an interview at the US consulate?

Thank you! I’ll tell him all about this.

It depends on his case and which route he chooses. Overstay, unless he marries a USC, will not be forgiven and he will face a ban. With that in mind, it will hopefully motivate him to act quickly. 

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8 minutes ago, GreatDane said:

It depends on his case and which route he chooses. Overstay, unless he marries a USC, will not be forgiven and he will face a ban. With that in mind, it will hopefully motivate him to act quickly. 

 

He just told me that his company filed for an extension but they still want him to go back to Germany for an interview at the US Embassy in Germany.

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26 minutes ago, vanessamaagad said:

He said his company was filing for an extension but they are still sending him to Germany for an interview. Does that make sense? I’m sorry idk much about these stuff.

 

Your friend should really come to this site to ask question himself.

 

From what I have googled and what I gathered from my H1B status co-worker:

 

If the H1B extension is approved, the approval notice will have the new authorized period of stay duration.

Not necessary to travel back to his home country to get new H1B visa stamping on his passport, if he is not planning to travel internationally.

He could even get his H1B visa stamping in nearest US consulate (e.g. Canada).

 

 

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H1B has a 6-year limit. Has he been on H1B for 6 years already? If so, he can't renew anymore and has to leave the US for a year.

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