Entered US on tourist visa...

[angio]

Hi everyone,
when someone enters the US as a tourist and then gets offered a position under an H-1B visa, does this person need to leave the US (back to home country, or Mexico/Canada) in order to get the H-1 visa at the embassy/consulate and then re-enter the US? Or can all the process and switch be done while in the US?
Thanks a lot!

 

[gondalguru]

no need to go back. Status change can be done here.

 

[Triple Citizen]

You can apply for COS. However if you intend to travel outside the US during your H-1B stint, it would make sense to leave and acquire an H-1B visa from a US consulate.

Or can all the process and switch be done while in the US?

 

[hadron]

I would be very careful with doing this. While you theoretically are able to file COS from B1/B2 to H1, you will invite strong scrutiny. This is after all how many of the 9-11 hijackers managed to stay in the country for their flight training.

If you want to change from B1/B2 to F1 for example you are only allowed to do so if your state that intent upon initial entry. The officer will mark 'intends to seek student status' in the passport and on the I94 which is a mark the officer during COS will look for.