Obtaining a Nonimmigrant or “Temporary” Visa
There are three (3) ways for someone to obtain valid nonimmigrant visa status:
1. Change of Status Petition/Application - While someone is physically present in the U.S. in a valid nonimmigrant status (such as B-1/B-2), a petition may be filed with the USCIS requesting another status (i.e., H-1B). Once the petition is approved, the effective date of the approval notice is the date the individual’s visa status changes to the new status.
2. Extension of Stay Petition/Application - While someone is physically present in the U.S. in valid nonimmigrant status, a petition/application may be filed with the USCIS requesting an extension of stay. For nonimmigrant employment-based visa status, work authorization is automatically extended up to 240 days beyond the status expiration date, pending a decision on the petition/application. If the petition is denied, the individual’s status ends on the date the denial notice is issued.
3. Petition filed with a request for Consular Notification - While an individual is physically outside of the U.S., a petition may be filed on his/her behalf with the USCIS. After the petition is approved, s/he may apply for and obtain a U.S. visa stamp at a U.S. consulate/embassy abroad. An individual’s immigration status does not become “effective” until the date s/he enters the U.S. with the U.S. visa.
Note that in some cases, a petition requesting Consular Notification may be filed on an individual’s behalf while s/he is physically present in the U.S. If this is the case, the visa applicant will depart the U.S. and apply for a visa stamp at a U.S. consulate/embassy abroad once s/he possesses petition approval. His/her immigration status does not become “effective” until the date s/he enters the U.S. with the visa.