B1 to H1

S

sbabunle

Registered Users (C)
Hello Folks
My brother in law is here in the US on a B1 Visa. A company filed his
H1B last week. His I94 will expire in 2 weeks. Does he need to go back
before I-94 expires?

IF NO-> After the H1B approval does he need to stamp visa asap or
can he wait until he needs to make travel?

thanks
babu.
 
sbabunle said:
Hello Folks
My brother in law is here in the US on a B1 Visa. A company filed his
H1B last week. His I94 will expire in 2 weeks. Does he need to go back
before I-94 expires?

IF NO-> After the H1B approval does he need to stamp visa asap or
can he wait until he needs to make travel?

thanks
babu.
Click to expand...

Dear Babu: Once he files the petition, he is no longer in B1 visa status, but in Adjustment of Status (AOS) visa. No, he doesn't need to travel back even his I-94 expires. He can wait until he wishes to travel for his visa stamp.
 
IndiraGandhi said:
Dear Babu: Once he files the petition, he is no longer in B1 visa status, but in Adjustment of Status (AOS) visa. No, he doesn't need to travel back even his I-94 expires. He can wait until he wishes to travel for his visa stamp.
Click to expand...


IndiraGandhi, Do not confuse with AOS with COS

Definition of AOS is
US immigration laws allow qualified individuals to enter the United States as lawful permanent residents (“green card” holders) after they obtain immigrant visas from a consulate or embassy outside the United States or, for many immigrants already lawfully in the United States with non immigrant visa such as H, F, L etc, through a process called “adjustment of status.”
 
IndiraGandhi said:
Dear Babu: Once he files the petition, he is no longer in B1 visa status, but in Adjustment of Status (AOS) visa. No, he doesn't need to travel back even his I-94 expires. He can wait until he wishes to travel for his visa stamp.
Click to expand...

Filing the petition will not change the visa status from B to H or B to F or F to H until it gets approved. Even approval should come with I 94 at the bottom of approved notice.

If the guy in question applied for his change of status from B to h, if h is not approved and his I 94 is expired more than 180 days. What will happend to him? (Indira Gandhi ?)
Will he be in H1 status? no, definitely not.

Will he be B status?

After 180 days, he violated the B visa norm, he will be barred to enter US for 5 to 10 years.

Please do not play with others future!!!!!!
 
great guru said:
IndiraGandhi, Do not confuse with AOS with COS

Definition of AOS is
US immigration laws allow qualified individuals to enter the United States as lawful permanent residents (“green card” holders) after they obtain immigrant visas from a consulate or embassy outside the United States or, for many immigrants already lawfully in the United States with non immigrant visa such as H, F, L etc, through a process called “adjustment of status.”
Click to expand...

Thanks for the correction. I was confused on AOS and COS(Change of status). You are right, he will be in COS status, not AOS.
 
great guru said:
Filing the petition will not change the visa status from B to H or B to F or F to H until it gets approved. Even approval should come with I 94 at the bottom of approved notice.

If the guy in question applied for his change of status from B to h, if h is not approved and his I 94 is expired more than 180 days. What will happend to him? (Indira Gandhi ?)
Will he be in H1 status? no, definitely not.

Will he be B status?

After 180 days, he violated the B visa norm, he will be barred to enter US for 5 to 10 years.

Please do not play with others future!!!!!!
Click to expand...

I am not saying by filing the petition his status will be changed. I got mixed up in AOS vs COS. He will be in COS status. I know how the approval will come, with the attached I-94 to it. I am also certain that if his status is not changed, he will have to leave the country immediately after the he receives the letter from USCIS that his petition is denied.

If you are here to suggest, suggest him what he needs to do. Again I appreciate your help in clarifying the matter.

Seriously I am not playing with no ones future.
 
IndiraGandhi said:
I am not saying by filing the petition his status will be changed. I got mixed up in AOS vs COS. He will be in COS status. I know how the approval will come, with the attached I-94 to it. I am also certain that if his status is not changed, he will have to leave the country immediately after the he receives the letter from USCIS that his petition is denied.

If you are here to suggest, Do not misguide people. First understand the rule yourself before suggesting.
Because you gave suggestion "suggest him what he needs to do.
Dear Babu: Once he files the petition, he is no longer in B1 visa status, (what you mean by that?) but in Adjustment of Status (AOS) visa. No, he doesn't need to travel back even his I-94 expires. He can wait until he wishes to travel for his visa stamp. "

Like that, So I informed your suggestion is wrong and misguiding.






Again I appreciate your help in clarifying the matter.

Seriously I am not playing with no ones future.
Click to expand...
 
Last edited by a moderator:
IndiraGandhi said:
Are you here to SUGGEST or trying to fill your entry??? :eek:
Click to expand...

I am here not to misguide people without understanding, not like you.
 
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