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Filling the H-1B Gap

H-1B Nonimmigrant Professional and Specialty Occupation Worker Visa Immigration Attorneys

If your nonimmigrant visa will expire prior to the validity date of your H-1B visa, it is important to consider options for filling the interruption or gap in legal status. NPZ Law Group, has the immigration experience and qualifications to provide unparalleled guidance. Going home is not the only answer.

Contact the immigration lawyers at the firm to discuss your options.

How to Fill the H-1B Nonimmigrant Professional and Specialty Occupation Worker Gap

Because some new H-1B visas may only have October 1st start date, it is likely that an individual's nonimmigrant visa status may expire before the new nonimmigrant visa becomes valid. This is often the circumstance for those changing their nonimmigrant status as a student to a nonimmigrant status as an H-1B professional and specialty occupation worker.

The following are some techniques that the lawyers at NPZ Law Group consider:

  • Take a long vacation before work begins. Generally, there is a 60 day grace period following the expiration of an F-1 visa and 14 day grace period prior to the initiation of an H-1B Nonimmigrant Professional and Specialty Occupation Worker visa.
  • Temporarily change to visitor visa status: You may change your visa status from an F-1 student nonimmigrant status to a B-2 visitor visa status for the duration of the gap and change status again the H-1B visa is valid.
  • Temporarily change to foreign worker status: You may temporarily work for a foreign company in the United States and change your visa status to a B-1 until October and change status again to the H-1B visa on or after October 1st.

Extension of Optional Practical Training (OPT): The U.S. Department of Homeland Security released an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program.

Temporarily change to a nonimmigrant training visa: The H-3 training visa enables a nonimmigrant in training to maintain legal immigration status. You may change status to an H-3 visa until the start of your H-1B visa.

There are many options available to avoid leaving the country. For assistance with these options or understanding more available options, speak with the experienced immigration law attorneys at NPZ Law Group to discuss how we can help you to fill the gap.

Learn more about filling the H-1B gap by contacting the attorneys at NPZ Law Group.

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