B-1 to H-1 issues

Suvobroto

New Member
I am currently on B-1 status and my I-94 is expiring on March 3, 2004. My employer has filed a H1B and it has come out with a RFE. The petition was applied on premium processing mode. With a view of the cap getting over, my employer is deciding to go for a B1 Extension. I want to know three things:-
1> Is it legal to go for a B1 Extension when a H1B petition has been filed
2> Can I stay in the US untill the H1B has been approved or rejected due to the cap
3> If my H1B comes out with a RFE, and it has been applied for premium processing, does that mean if I supply the required information, should it be again the premium processing mode or should it go into the regular processing mode.
Any inputs??
 
Originally posted by Suvobroto
I am currently on B-1 status and my I-94 is expiring on March 3, 2004. My employer has filed a H1B and it has come out with a RFE. The petition was applied on premium processing mode. With a view of the cap getting over, my employer is deciding to go for a B1 Extension. I want to know three things:-
1> Is it legal to go for a B1 Extension when a H1B petition has been filed

++++++++++++First of all, I caution people strongly against B to H conversions. See attached. But B-1 extension is not otherwise illegal.
2> Can I stay in the US untill the H1B has been approved or rejected due to the cap
++++++++++++++++++++++++Not on the basis of a pending H-1.

3> If my H1B comes out with a RFE, and it has been applied for premium processing, does that mean if I supply the required information, should it be again the premium processing mode or should it go into the regular processing mode.

+++++++++++++++++++++It will remain in premium mode.
Any inputs??
 
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