B1 to H1 Conversion

V

vchip75

Registered Users (C)
Hi, I am a holder of B1/B2 visa which I got when I was working for my previous employer. It expires in 2010. I have the following two questions and would greatly appreciate if anyone who has some insight about this could answer them.

Question 1

I am in india at present and will be shortly visiting USA using my B1 visa to do a feasibility study. During this time, I would also like to attend a couple of prospective interviews in USA. If I secure a job and got my H1 B approved by INS while in USA, legally am I allowed to start working(i.e. B1 to H1 conversion). Can I get my H1B visa stamped in India at a future date. Typically for how long will the B1 visa holders be allowed to stay (In case I have to wait in USA till my H1B is approved).

Question 2

Now that I have got a B1 visa valid till 2010, If I ever go to H1B
visa stamping in India, what will happen to my B1/B2 visa. Will it
become void in case the consulate decides to stamp my H1 visa or otherwise(I hope not).

Thank you.
 
1. U can only start working after H1 is approved. B visa holders are allowed only a maximum stay of 6 months (extendable, but in your case it does not apply). Moreover, you should apply for B to H1 only after 3 months from the date of entry into US. So you are better off if your employer agrees to do premium processing. But if you apply on 5month 29th day from entry date, you can wait in US until H1 is approved.

2. generally, B visa will be cancelled. The B to H1 visa is a request for change of status not for additional status. One cannot have both B and H visa at the same time.
 
B1 to H1 Conversion -- Please clarify

Thank you Jaxen. Referring to my Question 2, what will happen to my B1 visa in case H1 is rejected at the consulate in India? Will the B1 be valid still? FYI, my B1 expires in 2010.



Thanks again.
 
At the consulate, generally they will also cancel B visa (if it is tourism based) when a decision is made about H visa.
 
Hi! Is the B1 to H1 only after 3 months of being in the US a strict rule? I am a doctor leaving for the US on B1/B2 tourist visa in March, and my required state license exams will be finished by April. I am planning to apply for H1 visa on the 2nd or 3rd month of my stay there.

Do you recommend that I just go home to my country and apply for H1B while I am in my home country or is it okay that I stay in the US until my H1b is approved?

I read in another post that INS frowns upon B1/B2 visa holders who apply for H1 during their entry on the tourist visa. Will this jeopardize my H1B application and future applications?

Thank you.
 
the 3 month rule is in practice to determine whether there is immigration intent. You have to atleast wait for 3 months until U wait to change a NIV.
The best reccomendation is to apply for change of NIV after 3 months and wait for approval before taking up the job.
If H1 is rejected most of your future apps are in jeopardy.
 
To Jaxen

My problem is I have to re-enter the US on my B1/B2 this March to take the test required for H1B (USMLE Step 3), and I can't apply for H1B without the results, but I can't wait 3 months to change status in the US, because my work is starting in July, and they will drop me if I don't have my status by that time. Do you suggest that I just go home to my home country and apply for H1B here? (Philippines). Thanks so much.

PS Some say it is only 60 days (2 months)??
 
It is the intent that counts. If you declare while entering in B visa that you are going to take the exam, and plan to return in H and the POE inspector allows you then you are fine. The problem is that the POE inspectors are unpredictable and so are visa officers in Manila...
 
B1 to H1 doc problem

One more clarification, I hope you don't mind...I talked to the "visa expert" at my program/job offer and she says it's possible to change status from B1/B2 to H1 while in the US, BUT there is "no guarantee that INS will let me start working without an H1 visa stamp?" Specially if I apply for change of status less than 60 days after entry AND if I lie to INS about my reason for entering the US on B1/B2.

You mean even if I get an H1 status, INS could say I'm not allowed to start work unless I have a visa stamp from my home country consulate? Isn't H1 status ALWAYS enough to start work?

Would it be advisable to say upon entry on B1/B2 that I intend to go home after my exam, apply for H1B while in Manila and apply for a visa stamp there also (ideal situation, but unlikely to happen)? Or should I admit my back-up (and more likely) plan to wait for my exam results and change status in the US, and start work on H1 status even without an H1 visa stamp?

Thanks so much....
 
Pls disregard above question...this is more urgent

Thanks in advance.

I just read that INS processing of change of nonimmigrant status (ie from B to H/J) takes at least 2 months...how long does it take if a lawyer facilitates it? If it takes this long then I think it would be impossible for me to take the visa-qualifying medical exam in late March and expect to get results in April, then apply for change status, then start residency in July.

From how I see it, my only options are to go back to my home country after taking the exam and apply for H1 at home (but risk not being able to get any visa due to time constraints or a flunked exam) OR go for J1 ASAP (note: Educational Commission of Foreign Medical Graduates J1 sponsorship also takes 4-6 weeks, not including getting the visa stamp at home).

Looks like I am in desperate need of a lawyer now, (but can't afford one). Please advice what you can...

Is it still feasible to go for H1 or should I just take the J1 option?
 
There are no short cuts. I think you need a lawyer. The options are multiple I dont think somebody who contemplated B to H or to J from manila visit this forum to answer your question.
Here are all I can say:
1. If you got your visitors visa based on the fact that you are going to appear for the exam, then you can boldly say that POE inspector.
2. you are not allowed to start working until H1 is approved by DHS , period.
3. For B to H there is also a premium processing route which involves 1000$ more.

Without a lawyer it is difficult to do a H visa application.
 
Thanks. I talked to an atty. and he advises me to change status only after 60 days, and not to risk getting stamped in Canada, so I can ensure starting residency in July.

Also talked to program, they say okay to sponsor me mid-May, 60 days after I enter US, but I won't be able to go home for the stamp.

Thanks for all your help!
 
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