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What are my options when my six years in H-1B status are up? PDF Print E-mail
Written by Jose E. Latour   
Monday, 01 January 2007
What are my options when my six years in H-1B status are up?
  • If your adjustment of status is pending, you don't have anything to worry about. However, at that point you will need an Employment Authorization Card (EAD) in order to continue to work. Nevertheless, if your permanent residency is denied, you will have to leave the country.

  • Leave the country or go to your home country for a year. Aliens in H status are not allowed to change status, except to E1/E2 treaty trader/investor status, which means you'll probably have to go home if your adjustment of status is not pending. After you have been out of the U.S. for a full year, however, you will once again be eligible for H status.

  • There is one final option for those of you with a million dollars to invest: If you invest a million dollars (or $500,000 in certain high unemployment areas), you can be eligible for an EB5 investor visa. This visa will allow you to remain in the U.S. and obtain permanent residency.

 
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