Is it possible to apply for another kind of visa while my H2B visa application is still pending?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it possible to apply for another kind of visa while my H2B visa application is still pending?

While I was on a tourist (B2) visa I applied for H2B visa. My tourist visa expired 5 days ago and i still have no answer for my H2B. Is it possible to apply for another kind of visa while my visa application is still pending. If I won’t get my visa, what should I do ? Can I reapply or is there any other option becouse I don’t want to stay illegaly?

Asked on March 30, 2012 under Immigration Law, Virginia

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

When you say "your visa expired" do you  mean your actual visa or the I-94?  The visa expiration is irrelevant; it's the I-94 that determines your authorized period of stay in the US.  If you had applied for the H-2B while it was still valid, you can remain in the US while it is being adjudicated.  However, if your I-94 has now expired, you cannot apply for any other type of change of status since you have to be "IN status" to apply for a "CHANGE of status" and while you are remain in the US now hwile the H-2B is being reviewed, it is not the type of status from which you can change to another by filing another type of petition.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption