B1-B2 to H-1B While In US?

[Phknlwyr]

I currently hold a B1-B2 visa. I came to the US from the Phillipines in June 2001 and was given 6 mos. I filed a timely request fro extension which took 180 days to deny. Upon receipt of my denial, I left immediately in June 2002. While I was back home, an employer petitioned for an H-1B for me to work in his property management company. While the application was pending, I returned to the US on my B1-B2 and was again given 6 months. Within 1 month of returningto the US, my H-1B was approved.

What can I do to activate my H-1B without having to return to the consulate in the Phillipines? My lawyer is concerned that the consulate will deny my h1-B due to my presence in the US when it was approved. Something about intending to stay/transfer. Can I use an I-539 to change status from my B1-B2 to the H1-B so I do not have to go home? What about the I-129?

Any help is greatly appreciated.

 

[jaxen]

If you do a I539, this will be a new B to H visa status request. You can try to get the visa stamp in mexico or canada- but visa stamp is not assured. Since you have B visa you can risk getting the visa at canada/mexico. My opinion.

 

[Phknlwyr]

Thankyou, Jaxen. I thought that the Mexico/Canada trick was now foreclosed due to post 9/11 considerations. I will investigate this further. I appreciate your assistance.