How long i can stay on H1b visa in states?
Answer:
H1b maximum stay is six years, with possible extensions if you have a pending petition to adjust status to permanent resident, or a labor certification, but those are hard to get. Can you do your fellowship as a J1?
Here's what the Foreign Affairs Manual says:
9 FAM 41.53 N13.1 H-1B Nonimmigrants
a. For an alien in a specialty occupation, or for a fashion model of
distinguished merit and ability ...The alien’s total period of stay may not exceed six years.
c. Department of Homeland Security (DHS) may extend H-1B status in one year increments if the alien has an employment-based immigrant petition or an adjustment of status application pending and it has been more than 365 days since the labor certification application or the petition was filed.
An alien whose application for adjustment of status has remained
unadjudicated for 180 days or more may change employers within the same or similar occupational clarification without having to obtain approval of a new petition.
d. The six and ten-year limits do not apply if the applicant has had a petition to adjust status or receive immigrant status pending at DHS for more than 365 days. The limits also do not apply if the filing of a labor certification on the alien's behalf (if filing is required under INA 203(b)) has been pending for 365 days or more.
e. Under the American Competitiveness in the Twenty-first Century Act of 2000 (Section 104(c) of AC21), an alien may be approved for an extension of his or her H-1B visa for a period of up to three years beyond the 6-year limit. An approved Form I-140 Immigrant Petition for Alien Worker from USCIS is required for an alien to qualify for the three year extension.
f. DHS will extend the stay of aliens who qualify for the above exemption in one-year increments until a final decision is made on the alien's petition.
It is very unlikely that a permenant residence would be decided in a year. If it is not then the person has to remove themselves from the US and return to their foreign residence and return on a different visa such as a J visa. It is also unlikely that it will be approved since I believe there is a cap on these types of adjustments as well as there being a cap on H1B visas.
The immigration information post by website user , MyTend.com not guarantee correctness