What do I do if I do not receive my visa after I applied for one? 3 Answers as of July 25, 2011

Hello I applied earlier this year for the April draw for H1-B visas. However I did not receive it for April. My lawyer said he refilled it for the October draw. He told me I'm allowed to stay in the country until the October visa draw is that true? Can I go back to my home country (New Zealand) while I'm waiting to get a Visa?FOr financial reasons I dont know if I'll be able to stay in the USA until October and if I dont get my visa in October I'd have to stay until April next year, which without working is not really a good option. So while I wait for my work visa can I go back to new Zealand or will that cancel my visa request process.

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Fong & Associates
Fong & Associates | William D. Fong
You are confused about the filing dates. The H-1B visas are numerically limited and start on the first day of the fiscal year, October 1. Petitions are allowed to file 6 months in advance, April 1. There are not 2 "draws." Unless you are in a valid nonimmigrant status, you cannot wait in the US.
Answer Applies to: Texas
Replied: 7/25/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You may go back to your home country to wait. Especially if you are so sure about your current legal status, you should go back home.
Answer Applies to: Florida
Replied: 7/24/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You may stay in the US only if you are in non-immigrant legal status. Otherwise, your lawyer has to apply for consular processing.
Answer Applies to: Nevada
Replied: 7/23/2011
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