B2 visa to H1B

R

Reshmashah

Registered Users (C)
I am currently in the US on B2- Tourist Visa. I am allowed to stay in the country until June 2006. I have a consultant ready to file my H1B.

Can I apply for H1 when I am in the country or do I need to leave the country, and re enter with a visa stamping.

The consultant is planning to do a premium processing, can I start working as soon as the H1 is approved, or do I need to go back to my home country get it stamped and come back in October 2006 to start work.

Would much appreciate any insights that I can get with regard to my questions.

Thanks
 
Reshmashah said:
I am currently in the US on B2- Tourist Visa. I am allowed to stay in the country until June 2006. I have a consultant ready to file my H1B.

Can I apply for H1 when I am in the country or do I need to leave the country, and re enter with a visa stamping.

Yes you can apply your H1, for your case it may not work out to change the status B to H1b. Whatever the case you can only start working only from Oct 1, 2006. Make sure you do not stay more than your I 94 validity date in US it may afect your h1 in the future.

The consultant is planning to do a premium processing, can I start working as soon as the H1 is approved, or do I need to go back to my home country get it stamped and come back in October 2006 to start work.

Would much appreciate any insights that I can get with regard to my questions.

Thanks
Click to expand...
 
Hello Great Guru

Thank you for your prompt reply. Well my question now is that is it ok to be in the country and apply for H1b. Do I need to leave the country and then apply.

And as you stated does it mean that H1 will be a new issuance and not that B2 will be converted to H1- have I understood this right?
 
You can apply while you are in US as a new H1 not a COS if you are planning leave before the start date.

Reshmashah said:
Hello Great Guru

Thank you for your prompt reply. Well my question now is that is it ok to be in the country and apply for H1b. Do I need to leave the country and then apply.

And as you stated does it mean that H1 will be a new issuance and not that B2 will be converted to H1- have I understood this right?
Click to expand...
 
Hello Great Guru
I dont understand what you mean by COS, much appreciate your clarification.

I intend to leave the country once my H1 is filed in April 2006. I will wait in my home country for the approval, and once that goes through, I will get it stamped from the consulate and come back to US to start work in October 2006.

Do you see a problem, if I follow as stated above.

Do you think I should stay in US till my H1 approval comes? I have a permission to stay until June 2006. If I do premium processing in April, the approval should come by 1st week of May at the latest (ideally they say 15 days)

What do you think I should do?

Thanks once again
 
COS Change of Status b1 to H1 , F1 to H1 , H1 to H4 etc without leaving USA

Reshmashah said:
Hello Great Guru
I dont understand what you mean by COS, much appreciate your clarification.

I intend to leave the country once my H1 is filed in April 2006. I will wait in my home country for the approval, and once that goes through, I will get it stamped from the consulate and come back to US to start work in October 2006.

Do you see a problem, if I follow as stated above. NO problemDo you think I should stay in US till my H1 approval comes? NO I have a permission to stay until June 2006. If I do premium processing in April, the approval should come by 1st week of May at the latest (ideally they say 15 days)

What do you think I should do?

Thanks once again
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