Legal Question in Immigration Law in Texas

Re: how to get legal status in US

Probably not. Most likely you'd have to go back to your home country to get a new visa, assuming you have a job offer and qualify for a H-1B visa and can get past the 3-year/10-year bar at the consulate. Depending on when your OPT ended, the longer you've been out of status, the more you won't be able to remain and change status here, despite what the other attorney said. If you have an excuse such as you became out of status through no fault of your own, then you have a chance. Otherwise, the CIS will probabbly refuse your change of status papers here.

Larry Liem Doan, Esq.

www.GuruImmigration.com

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Re: how to get legal status in US

Assuming you qualify for H-1B AND you have a US employer willing to sponsor you for H-1B visa, then it may be possible to change your status, but you must not have worked without authorization and your I-94 must have a D/S notation. Please e-mail me if you have any additional questions.