Change current (out of status) B2 to a H1B

J

JC_JB

New Member
Hi,

I came to USA in August/2004. Now my B2 is expired. I want to change my status to H1B to willing to high-tech job. Also, my daughter was born in USA, so she is an American Citizen.

Concerning theses information’s there is a way to change my current (out of status) B2 to a H1B visa and starting working without have to leave the Country (USA)?

Please advice.
 
No you can not change your status in the US. I539 can be filed if one is in status. You need to travel and get stamp and reenter the US.
 
Thank you for your prompt reply.

So, can you tell me what’s happened when I leave the USA with an out of status visa one (1) year expired?

Do they going to give me a punition like: not come back before 10 years? Is that true?

Ps.: My daughter is an American Citizen, can it make any advantage?

Thank you in advanced.
 
If you overstay your I94 more than a year, it will trigger 10 years entry ban.
You should talk to good lawyer.

US citizen child can not do anything to parent's status unless they are older than 21 years old.
 
You cannot change your non immigrant status to new one without reentering US. But if you leave 3/10 year bar kicks in.
What you should do: file I -130 if you have US children 21 yo and when it is approved file I-485 and i-765 and you can start new job on EAD.
I am not sure about concurent filing of i-130 and I- 485.
you should talk to lawyer.
 
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