Avoiding the H-1B Quota

A university applied for a three year H-1B visa status for a foreign physician. The H-1B petition was approved. However, instead of a three year approval, the approval notice was limited to less than one year, which was the length of the medical license. Unfortunately, this was not noticed by either the university or the physician, until more than a year after the one year H-1B status expired.

Our office was retained to try to help the foreign physician. Since she was out of status for more than one year, under normal circumstances her status could not be extended. Even if she obtained a new approved H-1B petition, she would have to leave the United States to obtain an H-1B visa. Because of her lengthy period out of status, this would have precipitated a ten year bar to her re-entry to the United States.

We filed a nunc pro tunc H-1B extension with USCIS, arguing that the lengthy period out of status was caused by "extraordinary circumstances" and "through no fault of her own." We documented extensively the extreme hardship that she would suffer if this unusual remedy were not granted. USCIS approved the H-1B extension despite the period out of status in excess of one year. The physician was able to complete her training in the United States.