b1 expired and now job offer in h1, really urgent advice!!

[sam_doc]

Hi everybody, this is an awesome site, and really helpfull. I need some advice please. Im a recent grad from Mexico, and I came to the US in a B1 visa to do an observership but my visa expired on Dec 04, and i didnt renew it. In the last days I got a job offer in a clinic to be a medical educator and the offer me the H1 visa, however Im worried that my "out of status" will be a problem, do you think I should apply (my employer) or I should back to Mexico and wait for the process to began, the think is that If Im right the process began early april and finish in October is a lot of time and they want me to star working now. I don't know what to do! Does someone knows a person that is visa expired and got a work permit and didnt have a problem?

Any advice will be apreaciated. Thanks in advance!!!

 

[hadron]

> however Im worried that my "out of status" will be a problem, do you
> think I should apply (my employer) or I should back to Mexico and wait
> for the process to began

Yes, it will be a problem. You can only change into a different nonimmigrant status if you are currently in status. Unless there is something I don't know about, your only chance to change into a visa that allows you to work is by going back to your home country and re-entering on a new visa. Be sure not to accumulate any more time without a valid visa, this could f___ up all your chances to ever work here.
(Why do you guys do that kind of thing ? Yes, 10 years ago these stunts worked, not anymore)

 

[J1victim]

b1 expired and H1

.... I came to the US in a B1 visa to do an observership but my visa expired on Dec 04, and i didnt renew it.

visa expiration has nothing to do with your US stay. Visa is just an entry permit to enter USA by the expiration date mentioned in it. Your stay in the USA is determined by the I-94 that you get at port of entry.
if it is I-94 expiration date that you are talking about, then you are in big trouble. you might be subject to the 3 or 10 year ban whenever you will leave US (or if you don't leave and become illegal, then forever be confined to the blue collar jobs). You must contact an immigration attorney ASAP.

if someone enters US legally, then overstays his/her I-94 > the overstay can be forgiven if he/she marries a US citizen. they just have to pay the $1K fine.

Remember: if you plan to do any white collar job in the US, never ever do anything illegal (not even DUI/DWI)

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disclaimer: my personal opinion only.