How can you stay in the United States with an expired H1B visa?

Answer 1

You stay in U.S. same way approximately 25-million illegal aliens do: just stay! Apparently no one in government cares what you do after you get here. Think of the advantages: free social and medical services, no income taxes to pay and a legitimate excuse to cry "prejudice" every time someone mentions illegal aliens. However, if you have a 10-year visa that allows you to stay 6-months at a time, try going home once in a while, preach a little anti-American rhetoric, then return to take advantage of the system you don't like enough to fill out a paper asking for permission to stay.

EDIT / Alternative answer:

Must feel good to be so high and mighty on that horse eh? Setting aside what the conservative extremists might say, there are options although these options tend to be few due to a broken system.

I will answer the initial question; however, I will deviate a little and maybe help the initial answerer understand how incorrect his or her statement/answer was. With so few options many see no viable solution to their problem so they make the best of their situation; all while feeling persecuted, alone and haunted with the thought that one day they will be deported back to the place they are trying to stay away from. They feel trapped, no way out, as if in an invisible jail cell. It's one hell of a depressing thing to live with.

True, this is a multi million deep issue and it may also be true that many leave the country and preach their negative experiences to others. How can you blame them? They come here (USA) looking for a better life but find it near impossible to immigrate and become a naturalized citizen. Desperate, with little to no options they come here illegally and that's just one scenario. This is not a blanket, one answer to the problem issue, its extremely intricate requiring something more than animosity and fear.

To answer the initial question, there is no easy answer, if there were, the question would have no need to exist (unfortunately it does exist). If you are here on a student visa and you are still going to school, no worries, your visa although expired will still allow you to stay until your schooling is over. In the meantime apply for an additional visa, either work related or school. After you have a visa again, get to work on applying for a green card.

Ultimately it comes down to needing to know what resources are at your disposal. For many, the discontinuation of their visa is a survival issue, going back to his or her country is just not a viable option. So, when in a survival situation, you need to take stock of your resources and the biggest resource you have is consulting with an "Immigration defense attorney" of whom will have an understanding of US naturalization law.

Side Note:

Interestingly the increasing volume of illegal immigrants may help to improve the lot of others. I say this because the bigger the problem, the louder it screams for media attention which will lead to some sort of immigration reform. Things are pretty rough in the US political system right now, immigration reform is supposed to be addressed before the Obama administrations first term is complete, lets hope that is the case and good luck.

Answer 2

When an H-1B worker's status expires, they have three options: leave the country, get an extension, or seek for another immigration status. The employee loses their legal status in the country and is subject to removal (deportation) if they merely remain in the country after their H-1B status expires.

As long as the beneficiary hasn't gone over the allotted six years in H-1B status, an extension request can be made for a maximum of three years or fewer. We advise against the H-1B employee leaving the country after the petition for an H-1B extension has been submitted.

The H-1B speciality occupation visa has a number of alternatives, including the O-1 remarkable ability visa, the E-1 or E-2 treaty trader or investor visa, and the L-1 intracompany transferee visa for managers, executives, or staff with specialised knowledge.

Answer 3

Answer
You cant stay with expired H1B visa. if you have same expired petition.
But Your H1B visa is expired and you have valid petition you can stay in USA while entering
in USA you will need to stamped your Visa.
Ref: Check Murthy.com or www.avilasoft.com in H1B section

Answer 4

After a J-1 visa expires a person can file to have their visa extended. If the person marries a United States citizen then they can file a petition to become a US citizen. If a person stays in the country after their visa expires they can be deported.