FAQ Answered by Rajiv: B1 to H1

[VisitTemp999]

HI

I entered US on B1 visa last week (Jan 2007), & my I-94 expires in the month of July 2007, I found a company(Employer) over here(US) who is willing to apply H1 for the coming 2008 quota, commencing from April 1st 2007. My employer will file for H1 in the month of April alongwith my original I-94(whose validity is upto July 2007) for change of status from B1 to H1.

Here my question is if i get the H1 approval what would be my new I-94 date, as my H1 date starts only on October 2007. Can I again submit petition for extension of stay for 3 more months untill October 2007 in order to stay on status by filling up the gap period of 3 months August to October 2007.

Or do i need to first extend my stay upto october2007 and then file for H1 with extended I-94, but am afraid by that time the H1 quota might be exhausted.

Please anybody help me to take decision.
Thankyou all in advance
Victor

[chukdoo]

I would be grateful if you can provide me your feedback regarding my current issue:

I have a 10 Yr multiple entry B1/B2 visa. I am planning to get married in India next month and my hubby is on H1B in New York. My company is ready to send me on a project consignment for next 6 mnths on B1/B2. Can I change my status to H4 after the project completion by registering a court marriage in US and stay back with my hubby. What is the solution if need to be with company next 6 mnths and wish to be with my hubby thereafter. Is it compulsary to come back to India after 179 days of stay in US for the rest of the year.
How about if I find an employer to file my H1B before expiry of B1/B2. Can I change my status.Do I have to go outside country for stamping.How safe if it since we are planning to settle in US for a long term

[pup_royalstag]

hiiiii guys i came usa on b1/b2 visa and now i want to change my visa to any other category like h1,h1b,f1 etc
i dont want to leave usa plzzzz friends help me out my mail id is pup_royalstag@yahoo.com plzzzz do help me m in need

[Triple Citizen]

Can you please elaborate?

i dont want to leave usa plzzzz friends help me out

[aurangabad]

I am a foreign medical graduate from Nepal. My current visa status is B1/B2. I have been shadowing US doctors and voluntarily working as a research associate. I am also applying for residency beginning from september 1, 2009.

Now the doctor has offered me a full time job of a research associate and is willing to sponsor me a working visa. I think its a great opportunity for me as i can work and earn while i continue with the application and interviews. The final result of residency match would be known by the end of march and the residency start date is always July 1.

Now , my questions are
can i change B1 status to H1b from US? I dont want to go back as it might take months before i ca come here. Residency programs usually invite for interviews between the months of october and january. I have extended My I-94 for b1 once till Jan 27 2010 as they gave me the visa for only 3 months when i entered US at the end of April 2009.

Since this is a research associate job and has nothing to do with residency , do i still have to take step 3 exam which is a prerequisite for H1b visa sponsorship for physicians entering into a residency program?

Unlike others I was initially issued B1/B2 visa to come to US , take USMLE tests and find a residency spot. I was givenB1 visa actually to find a job in US..
I dont know how USCIS would take this change of status from B1 to H1...

Please suggest me how to go about this. or Email me at sujatd@hotmail.com
Thank you

[arroyD]

I am currently in the US now for almost 5 months already. I want to study here in the US and was wondering when is the latest I could apply for a change in status. I was told that I should receive a receipt from the USCIS after I send my application for a change in status. This receipt would allow me to stay here while my case is pending.

How long does it usually take before I receive this receipt? I am afraid that if I only apply now, I might end up overstaying while waiting for the receipt.

Thanks!

[Triple Citizen]

Please do not post multiple threads for the same query.

How long does it usually take before I receive this receipt? I am afraid that if I only apply now, I might end up overstaying while waiting for the receipt.

[venturer]

In April 2002, INS changed its regulations regarding B to F-1 or M-1 (students) status conversions for people who enter USA from then on. INS maintains that B to F-1/M -1conversions from within USA will be permitted only if at the time of entering the USA (for instance at the airport) the applicant expressly declares to INS his/her intent to change to F-1/M-1 status.

Rajiv, is this information still valid? If I enter US with B2 visa and declare my intention to change to F1 at airport, would they turn me back right away?
Thanks,

[fish4all]

I was issued a B1 visa in 2006 (valid until 2016) on which I travelled to US in 2006 and obtained H1 (before expiry of maximum stay i.e. 6 months) and worked in US for almost 1.2 years. Travelled back to my home country in 2007 but did not get H1 stamping since I decided not to go back. My employer had cancelled my H1.

My passport still has the same B1 visa valid until 2016. Can I travel to US on the same visa or do I need to get a fresh visa assuming B1 was cancelled when changed to H1.

[rocky99]

Hi guys. i need urgent advice over my visa status.
I entered US on B1 visa for my some clinical work and later on one doctor offer research post with H1b visa which got approved. i am still in US and my current B1 visa is expiring on 27th of this month. if i go back to India and apply for interview to get H1b stamped will there be risk of rejection on ground of that i enter on b1 then got H1b approved within US?
kindly advice me.