FAQ Answered by Rajiv: B1 to H1

luxvasu

New Member
B1 to H1

I would like to know if the conversion from the B1 status to H1B is possible??. I came to know that it is possible, but i would like to know how safe it is?????IS this a risk in future when i face the US consulate in India???.


I had already couple of H1 stamping in my passport and all of them are expired. Now iam issued the multiple entry B1 visa.

Also let me know what happens to my existing B1 Visa????

Also how long does it take to convert B1 to H1B in both premium and normal process.




vasu.
 

luxvasu

New Member
B1 visa to H1B

Hi All,
Is this a tough question to answer? I even saw prevoius threads opened on this query, but no replies found.

If someone can answer, please post the reply as I need to take a decision soon. One of the clients has confirmed my employment, I need to start immediately and have no time to make a new H1, go to india for stamping and then come back for joining the client.

looking forward to see some replies.


vasu
 

billyelliot

New Member
b1 to h1

the situation is such - an acquaintance - She is on B1 and her visa expires in the next three weeks, however she is being employed by an employer and the employer is willing to process her H1 for her - the catch however is that the company that sponsored her B1 is after her that she return and have informed the INS - (per her company as it appears) of her overstay (as she was to return 2 weeks ago). will this in anyway hamper her right of securing employment with the employer who is willing to process her H1 and affording her employment. Can another company hamper the appointment of an employee, or by informing the INS - does it in anyway become an obstacle in obtaining an H1 status ?
 

LIAT

Registered Users (C)
I don't know how much this will help, but here's my story...

My H1 hit the 6-year limit last June, so I left. Was told by many "experts" that it was not advisable to apply for a B1 too soon, and that I'd probably be denied any type of non-immigrant visa for a while because I had spent 6 years in the U.S. my parents are residents, etc, etc. That all turned out to be crap, and I had 5 miserable months because I listened.

My company was kind enough to let me work via phone and Internet, and I had a contract. Last December, I decided to go to the U.S. Consulate and ask for a B1 to spend Christmas with my parents. I got the visa without ANY hassle - even forgot to take a bank statement in my anxiety, and also had to mention that my parents are residents. The guy only looked at my contract and old H1/F1 visas. The only thing is that he gave me a 1-year B1, rather than 5 or 10-years that most people get.

I entered the U.S. in December and got the usual 6 months. Between the new H1 Extension law and Premium Processing, I got my H1 extension in 10 days. Unfortunately, the "expert' company lawyer applied for the visa on the assumption I was not in the U.S. So, I went to Canada to change status. That also went without any hassle - despite "expert" warnings about the reluctance of consulates to process third-parties. Got a 1-year H1 visa, re-entered the U.S. - life is back to normal.

This whole thing was a great learning experience. Few people gave me accurate information or positive advice. And it was no fun dismantling a home and leaving with a slim prospect of return. BUT, I will say this - the INS people on the phone and at the border, and the DOS people who issued the visas did NOT act in the way the 'experts" predicted. They were reasonable, informative and polite.

Hope this helps.
 

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
Here is the answer folks

While it is permissible to change from one status to another from within U.S., it may not always be advisable.

Typically, when someone enters the U.S., supposedly for a short visit (e.g. B-1 or B-2) and then tries to change it to a longer term visa (L-1, H-1, etc.), the INS may frown upon it (and may not grant it), but the consulates definitely frown upon it. My recommendation in most of these cases is to avoid this type of change. If you have already obtained the change, it may be very difficult to procure a visa when you need to travel abroad.

In April 2002, INS changed its regulations regarding B to F-1 or M-1 (students) status conversions for people who enter USA from then on. INS maintains that B to F-1/M -1conversions from within USA will be permitted only if at the time of entering the USA (for instance at the airport) the applicant expressly declares to INS his/her intent to change to F-1/M-1 status.

Regards. Rajiv.
 

cypboy

New Member
I have been following this thread and I have a question as well.

I have filed for my I-485 back in Sept 2001 and currently have valid EAD and Advance Parole docs in hand. Unfortunately I am dealing with TSC so I don't expect to hear anything back from them any time soon.

My wife does not live here and she applied for a tourist visa to come visit me. She was given a one month visa.

She also has a stamp on her visa indicating she cannot work, study or change status. I have never heard of this in my dealings with coming and going the last 13 years.

We are not planning on settling here but if we were to decide to do so, can we file for her I-485 despite that stamp on her tourist visa?

Lot of people suggested that it will be easier to get her on H4 but my H1 has expired a long ago.

Also one month seemed awfully strange as well. Is it still possible for her to get the default 6 month duration of stay on her I-94 at the entry point?
 

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
Originally posted by cypboy
I have been following this thread and I have a question as well.

I have filed for my I-485 back in Sept 2001 and currently have valid EAD and Advance Parole docs in hand. Unfortunately I am dealing with TSC so I don't expect to hear anything back from them any time soon.

My wife does not live here and she applied for a tourist visa to come visit me. She was given a one month visa.

She also has a stamp on her visa indicating she cannot work, study or change status. I have never heard of this in my dealings with coming and going the last 13 years.

We are not planning on settling here but if we were to decide to do so, can we file for her I-485 despite that stamp on her tourist visa?

Lot of people suggested that it will be easier to get her on H4 but my H1 has expired a long ago.

Also one month seemed awfully strange as well. Is it still possible for her to get the default 6 month duration of stay on her I-94 at the entry point?

BCIS can deny AOS for your spouse in such a situation. Remember, AOS under the regs is discretionary. It is not a right.
 

zenpupil

New Member
Conversion of B1 to H-1B

I entered the US on January 2003 with a B1 tourist visa. I was given a 6 month stay on my I-94 that will expire in July.

I have found a company that will file for my H-1B. Knowing that processing time for the H-1 approval will take at least 3 to 4 months or more, the approval will be issued well beyond the expiration under my I-94.

Consequently, i am considering filing an extension of my stay through an I-539 form. However, my friend told me that assuming I file the I-129 (H-1 petition) before the expriration of my I-94, I would not be out of status even if the approval for the H-1 is issued after July (when my I-94 stay expires). The company does not want to spend the extra fee for premium processing.
 

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
Re: Conversion of B1 to H-1B

Originally posted by zenpupil
I entered the US on January 2003 with a B1 tourist visa. I was given a 6 month stay on my I-94 that will expire in July.

I have found a company that will file for my H-1B. Knowing that processing time for the H-1 approval will take at least 3 to 4 months or more, the approval will be issued well beyond the expiration under my I-94.

Consequently, i am considering filing an extension of my stay through an I-539 form. However, my friend told me that assuming I file the I-129 (H-1 petition) before the expriration of my I-94, I would not be out of status even if the approval for the H-1 is issued after July (when my I-94 stay expires). The company does not want to spend the extra fee for premium processing.

While it is permissible to change from one status to another from within U.S., it may not always be advisable.

Typically, when someone enters the U.S., supposedly for a short visit (e.g. B-1 or B-2) and then tries to change it to a longer term visa (L-1, H-1, etc.), the INS may frown upon it (and may not grant it), but the consulates definitely frown upon it. My recommendation in most of these cases is to avoid this type of change. If you have already obtained the change, it may be very difficult to procure a visa when you need to travel abroad.

In April 2002, INS changed its regulations regarding B to F-1 or M-1 (students) status conversions for people who enter USA from then on. INS maintains that B to F-1/M -1conversions from within USA will be permitted only if at the time of entering the USA (for instance at the airport) the applicant expressly declares to INS his/her intent to change to F-1/M-1 status.

Regards.
 

cypboy

New Member
How does the 30/60 days rule come into play in situations like this?

Is that still the rule of thumb to go by or has the 30/60 rule changed as well with the recent changes?

TIA.
 

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
Originally posted by cypboy
How does the 30/60 days rule come into play in situations like this?

Is that still the rule of thumb to go by or has the 30/60 rule changed as well with the recent changes?

TIA.

The "rule" is a matter of convenience and still exists.
 

Zaye

Registered Users (C)
Question regarding green card processing with history of B-1 to H-1 conversion

I am currently in the process of applying for my green card. My I-140 (NIW) was approved a few months ago, and I am expecting a consular interview in Islamabad within the next 2 months.

My question is as follows:

I initially entered the U.S. on a B-1 visa. I was given a 5 month entry at that time. While I was here (well before expiry of my I-94 validity), my current employer filed I-129 for H-1B. I received my H-1B and have been working here since. My passport has no physical H-1B visa as I never exited the U.S. since I started my employment.

When I appear for consular interview for my green card - will they have problems with the chain of conversion from B-1 to H-1B while in the U.S.? Am I likely to face any problems in this regard?

Everything has been legal and by the book.

I tremendously appreciate any advice/assistance in this regard.
 

citrusfrost

Registered Users (C)
I would love to know any information about that as well.
I have changed my status 3 times for variuos periods, I am a little hesitant to go home to get H1 B visa stamp because I have not been home for 5 years: I had J -1 ( no home residency requirement), then changed it to B2 for 6 months and then I extended it for 6 more. Later I received H1B , it's been almost 3 years ( never had a visa stamp). Now, I am married and my husband applied for GC, also we both filed I-485. I have been reading that changing status like this is not advisable but 5 years are behind me now.
My lawyer has advised me to extend my H1B to have back up in case GC petition blows for any reason. But it is kind of Catch 22, I am afraid that H1B stamp back home can be jeopardized but now I hear suggestion that it can affect GC as well. What can I do?
 

shubham0907

New Member
hi guys!
I am also one of the group "boat people from outside US"
I came here on B1,changed to F1 and then H1,went to mexico and got H1 stamped...am still on H1 have EAD/AP/I 140 and I 485 pending,though haven't used my EAD,now at last am getting married on "thanks giving day"in India...
the dilemma is how to get my wife here,I guess if I apply for H4 she will have to do the explaining to the consul,which I was trying to avoid all along.a way around that is to get her on B1 and apply for EAD/AP/I485 when she is here
"it is not advisable"that's exactly what my attorney said so what is advisable,any answers
thanks in advance
 

jeevanbrar

New Member
F1 to B1?

My OPT expires on April 30th and I have filed my petition for GC as my spouse is a GC holder. My question is whether it is advisable and possible for me to get a tourist visa after that to maintain my status here while I try to get an H1?

Can anyone throw some light??
 

Dipsite

Registered Users (C)
B1 to H1 to GC.

I came on a short project to US in August 2000 on a B1/B2. Was lucky enough to change my status from B1 to H1 by December 2000 and then changed my company in Jan. 2002. Now my new company applied my GC in July 2003 and got my 140 approved in April 2004. Waiting on FP notice.

Are there any compications that I should expect going forward for FP and then finally getting the GC? Any input is appreciated.

Thanks
 

dsha9

New Member
B1 to H1 Conversion

HI

I am on B1 visa , & my visa exp in 4 months, my company has already applied for my HI, If i get H1 approval before B1 expires can i stay till october or if i get a reply for my H1 after my B1 expires can i stay till i get the decesion on my H1

dsha9
 

usphily

New Member
H1b approved without I-94

hi,


i came to usa from canada on visiting visa and after coming i found an employer who sponsored me for h1b.again i have applied for visiting visa extension and i got the extension approved for again 6 months.my visiting visa extension got approved up to DEC 21,2004.In this mean time i got my H1b approved on NOv21,2004.On h1b It says that "IF ANY OF THE WORKERS ARE IN USA THEY CAN APPLY FOR A CHANGE OF STATUS BY FILLING ANOTHER I-129 FORM AND also IT SAID THAT I HAVE TO GO FOR TORONTO CONSULATE FOR VISA STAMPING".so i went to a lawyer and i did the same thing.i have filed for change of status on Dec11,2004(my B2 I-94 expires on dec21,2004).so on Jan 15 INS send all the documents back to the attorney.After that attorney my again filed for I-129 with a change of status on Jan 20,2005 and i got the receipt number also_On Feb 05,2005 in online status i saw that my case has been approved .after 2 weeks my attorney got the notice af action form INS saying that my H!b got approved and i have to go to toronto consulte for visa stamping.i was surprised by seeing that i didnot get change of status from b2 to h1b and i didnot get the I-94.so my attorney called INS and talked to them.INS people said to fax them in detail.my attorney did the same thing.this is my story.Here are my problems.


1)my visiting visa I-94 expired on DEC21,2004.Am i on status now.

2)can you give me any suggestions regarding my case.
3)I don't want to go back for stamping ,is there any way that i can change my status with in usa.

Please help me ,as i'm very much depressed and mentally tortured these days.your suggestions help me very much.
 

GoodGuyGary

Registered Users (C)
Shubham0709:

I hope my experience will help you and others.

I went to shcool in US, worked here for 2 years, then went back to Hong Kong for 1.5 years.

Came back with B1/B2 Nov 2000, and found a job, got my H-1 since August 2001.

Got my labor cert June 2004, file I-140 and I485 August 2004.

Got married in Hong Kong Dec 2004, wife applied H-4 Jan 5, 2005 in HK without incident. Wife got here Jan 18, 2005.

Once she got here, we submitted paper for her I-485.

Feb 21, 2005, we went back home for emergency for two weeks. Meanwhile, lawyer submitted her I-485 and other paper.

Came back to US Mar 8, no incident for both.

Got my I-140 approved Mar 17. I-485 pending.

Wife got her FP done Mar 29.

We are still waiting for the I-485, but we do not have any serious problem so far(except my doctor/USCIS screwed up my immunization form, but that is another story).

Let me knwo if you have any questions.
 

roopali79

New Member
Hi!
I am going through a similar situation as urs. I am in the US on B1 and have got married to a GC holder. I have applied for a status change from B1-H1 under premium processing. I am waiting for the INS to revert. What have you done lately.
Thanks
R
 
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