Work visa expired

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Publication date: 31.08.2025

Recently, our team was asked a question: “My work visa expired, but I am still in the US. What legal options do I have now?”

We wanna share the answer from our specialists:

24.08.2025 17:28:32 If your work visa has expired and you're still in the United States, it's important to address your situation promptly to avoid potential legal complications. Here are some options you might consider: 1. **Grace Period**: Some visas, like the H-1B, offer a grace period (typically 60 days) after employment ends during which you can remain in the U.S. legally without working. Check if your visa category offers any such grace period. 2. **Extension or Change of Status**: If eligible, you might apply for an extension of stay or change of status to another nonimmigrant classification. This could include switching to a student visa (F-1), tourist visa (B-2), or another type that fits your situation. 3. **Consular Processing**: If extending or changing status within the U.S. isn’t possible, you may need to leave the country and apply for a new visa from abroad. 4. **Adjustment of Status**: If you have an immediate family member who is a U.S. citizen or permanent resident, you might be eligible for adjustment of status to become a permanent resident yourself. 5. **Seeking Legal Advice**: Consult with an immigration attorney who can provide guidance based on your specific circumstances and help explore all available legal avenues. 6. **Voluntary Departure**: In some cases, it might be advisable to leave the U.S. voluntarily before accruing unlawful presence that could affect future immigration applications. 7. **Humanitarian Options**: Depending on your situation, there may be humanitarian forms of relief available such as asylum or Temporary Protected Status (TPS). It’s crucial to act quickly because overstaying your visa can lead to penalties such as being barred from re-entering the U.S., so seeking professional legal advice is highly recommended to navigate this complex situation effectively.

BASE (basic) 86.62

GPT Chat

Artificial intelligence

USA / Washington

25.08.2025 22:17:37 If your work visa expired, you are out of status. You may apply for a change of status (for example, to student or dependent) if you act quickly, but approval is not guaranteed. If you overstay too long, you risk a re-entry ban.

PREMIUM 0.63

Prokopenko Polina Evgenivna

Consultant

USA / Oklahoma City

25.08.2025 23:12:32 Once the visa expires, you should either file for a new status through USCIS immediately or leave the US to avoid unlawful presence. Staying without action can lead to deportation and problems with future visas.

PREMIUM 0.89

Moroz Eugene Olegovich

Consultant

USA / California

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