F1 Visa expired, chance at H1??

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Old Oct 16th 2003, 8:26 pm
  #1  
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Default F1 Visa expired, chance at H1??

My F1 visa has been expired for a while now, although it says 2006 on my passport. What are my options to stay in the US legally?

I have been offered contract with modeling andtalent agencies in NYC, do I have a chance at an H1 with an expired F1?

Could marriage to a US citizen help my cause, be it in the USA or outside?

I have also been offered a great job as Personal Trainer, for which I am certified and educated, by a large US based gym chain. Chances of getting a work visa with them applying on my behalf?

Any help on these matters would be great as I am currently weighing up my options. If all else fails I will be forced to return to the UK, or shoot myself
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Old Oct 17th 2003, 1:00 am
  #2  
Sylvia Ottemoeller
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Default Re: F1 Visa expired, chance at H1??

"fox815" <[email protected]> wrote in message
news:[email protected]...

    > My F1 visa has been expired for a while now, although it says 2006 on my
    > passport. What are my options to stay in the US legally?

    > I have been offered contract with modeling andtalent agencies in NYC, do
    > I have a chance at an H1 with an expired F1?

Actually, you probably do have a chance, because your I-94 most likely
specifies "D/S" as the expiration of your status ("duration of status").
Because there is no specific date that you have overstayed on the I-94, you
have probably not become subject to the 3 or 10 year bar.

That means that an employer can get an H-1B petition approved on your
behalf, and you can leave the U.S., get an H-1B visa stamp, and re-enter the
U.S. in H-1B status.

There is a special subcategory of H-1B for fashion models. You don't need a
bachelor's degree for that.

    > Could marriage to a US citizen help my cause, be it in the USA or
    > outside?

Yes, you can get permanent resident status this way. However, it is not a
good idea unless it is a real marriage.

    > I have also been offered a great job as Personal Trainer, for which I am
    > certified and educated, by a large US based gym chain. Chances of
    > getting a work visa with them applying on my behalf?

If the prospective employer can make the case that the job position requires
a bachelor's degree in a field relevant to the position to perform the
duties adequately, and if you have such a degree, then this is possible. It
will be a tricky H-1B, however, and you will likely need a good lawyer to be
successful.
 

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