B1 to H1B and can beyond I-94 date

A

amigo123

Registered Users (C)
I am in B1 inside US. Currently changing my status to H1B. I got the Receipt Number for my B1 to H1B Status

change. My B1 expires on 4th July.

1. Is it right to apply H1B while i am in US with B1 ?

2. Infact, my employer says he changed my status from B1 to H1B. I didn;t understand this much. But, i got a

receipt copy saying "Petition for a non-Imigrant worker" Is it the same?

3. Is there a seperate steps for the I-94 extension?

4. Is it legal to stay after 4th July? as per I-94

5. If i stay beyond date mentioned in I-94, will it be a problem while getting my H1B Stamped in my home country?

6. What is the next step i need to do after getting the Receipt Number?


Thanks,
amigo
 
Reciept number is just that, an acknowledgement that your H1B petition was recieved. It does mean that it ha sbeen approved, you have to wait for a notification that your petition has been approved.
I am not sure that it would be legal tpo stay beyond your I94 validity if you don't have an H1B approval or have not adjusted status to H1B.
 
Reciept number is just that, an acknowledgement that your H1B petition was recieved. It does mean that it has been approved, you have to wait for a notification that your petition has been approved.
I am not sure that it would be legal to stay beyond your I94 validity if you don't have an H1B approval or have not adjusted status to H1B.
 
It is considered authorized stay during petition is pending. But once H1 is approved before H1 start date, you lose ground to stay legally til H1 start date so that you must leave. I think you change of status may not be approved as it is obvious you wont have status on Oct1 ( or whatever H1 start date you set in petition). You should get H1 stamp and reenter the US before H1 job starts.
 
Hi Thanks for all.
My company claims that i can continue here till my H1B validity date (i mean 3years), i dont need to go outside US and get a H1B and reenter once my change of status was approved.

My question: Do i need to go out of US and get H1B, even after my B1 to H1B status change is approved?

Thanks,
 
it depends on when your start date is. If it is after you receive approval for H1 then and expiry of your B1 then you will be out of status from the date of approval to the start date of H1 most likely Oct 1, 1007.

So you will be better off going back and getting H1 stamped from your home country.
 
Really thanks for your reply.
What do you mean by "Start Date", I am already in US and my B1 to H1B is pending.

What i understand is, from the date of Approval till Start Date (OCT-01-2006), I will not be able to stay here. Is that correct?


Thanks.,
 
Start date will be start of your H1 employment.

In this case probably Oct 1, 2007

and no. you cannot stay in the country if B1 to H1 change of status has been approved and the underlying B1 expires before the H1 start date.

Also if H1 was not filed as COS then you will have to leave anyways.
 
Thanks, in my case its filed as Change of Status (COS) from B1 to H1B.
And my B1 I-94 is expired and waiting for this Change of Status Approval.

So, right now, i am eligible to stay but not after Approval if COS. This is waht i am understood now. Really, thanks for your replies.

How much do an attorney charge if i go for a discussion over here? ANy roug idea?
 
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