Change of Status (B1/B2 to H1B)

[B.Kumar]

Hi All,

I am canadian landed immigrant, USA company filed my H1-B in april 2006 and mention in application that the interview location is toronto Canada.My H1B visa is in process.....Now I am visiting USA on B1/B2 Visa and entry I-94 'll expire in November 2006.

My question is:

* Can I apply for change of visa status (B1/B2 to H1-B) without leaving USA?

Please share any relevant experiences that you might have. I really appreciate your help.


Thanks

 

[subramanya]

Change in Visa Status

I am canadian landed immigrant, USA company filed my H1-B in april 2006 and mention in application that the interview location is toronto Canada.My H1B visa is in process.....Now I am visiting USA on B1/B2 Visa and entry I-94 'll expire in November 2006.

My question is:

* Can I apply for change of visa status (B1/B2 to H1-B) without leaving USA?

Please share any relevant experiences that you might have. I really appreciate your help.

Hi Kumar,

No, you cannot change your visa status from B1/B2 to H1 staying within the US.

Although, it sounds easy since if you get your I-797 in hand you can continue staying within the US.

The next time you go for H1 visa stamping you will be questioned (in fact interrogated as to why you did not leave US and return to Canada on expiry of B1/B2 and I-94)

You will have to go to the US Consulate in Canada to get the visa stamp and enter legally. Moreover it is mentioned in your application

Do not get into these unlawful stay beyond your terms, else you get deported permanently.

You may consult a good immigration lawyer and seek their legal opinion if you so desire

Hope this helps. Else, knock the forum doors, someone will respond

Subramanya