How can I get a new H1B? 9 Answers as of January 30, 2012

NO, you cannot stay past the expiration date of your I-94 if you do not have an approved visa petition. If you do, not only will you not be able to get a new H-1B even when the new job starts in August, but you will be jeopardizing your ability to immigrate on the basis of the I-140 petition, if and when approved.

To keep your legal status, the firm should file a part=time H1 petition for you before your H1 status time expires. You must keep in H1 status to remain here legally until you are reached on the waiting list, or change status to another category to remain here in that status (e.g., visitor) or you should leave and wait overseas until your case is reached for permanent residence.

If you have not worked under the conditions, hours and pay set forth in the petition, you are violating your status. You should get another H-1B filed asap with another company under the portability provisions.

Portability might be best for you.

You are bound by the terms of the H-1B visa that was given to you so, any time that you are not within those parameters, you are out-of-status. If however an extension for the H-1B is filed prior to the expiration of the current one, the processing time will bridge the gap in your status up until the extension comes through and it will note that your status was extended from the time that your last H-1B expired. But you cannot wait while out-of-status to file for a new H-1B or an extension because as I said you will be out-of-status. You need status in order to extend status or change status altogether. Perhaps you're better off leaving and then returning when your new H-1B is available. I

You are going to be better served having a full consult with a competent immigration attorney. I can do that with you in which case it takes one hour and is $150 or else please seek counsel in your area. Your case is tricky and based upon very specific factors that an attorney will need to review in order to determine your current status and future liability.

You definitely cannot stay past February without obtaining lawful status. That being said, you may have other issues since you previously lost your full-time employment with the sponsor in June 2011. You should make an appointment with an attorney as soon as possible to review the matter in more detail.

You can work part time in H1B Status but will have to extend your H1b otherwise you are out of status and cannot work. You will also start to accrue unlawful presence.

I hope your company filed amended H1 to reflect the part time status otherwise it is on the hook to pay you the full salary. You should be still in status even if you are "benched', let alone on a reduced time basis.