FAQ Answered by Rajiv: B1 to H1

roopali79

New Member
gcgood said:
Folks,

If a person on b1 visa gets married to GC holder and apply for Adjustment of status here in US, Can he do that and legally stay here till he is processed. Will greatly appreciate to hear from some one. Thanks in advance tw7861970@yahoo.com
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
 

milimanu

Registered Users (C)
H1 to H4 status change

Hi,

I need help and this is a true emergency and appreciate if my query is answered.

we (me and my spouse) are currently in USA working on H1B visas. Now we want to change my spouse H1 to H4. Due to emergency we need to travel to India and we do not have time to apply for my spouse's visa status change from H1 to H4 in USA. I have applied for my 7th year extension and got the approval. My spouse current H1B(I-94) expires in the last week of september 2005 and so does her 6 year term on H1B expires in september 2005. So my question is:

1.If we have to apply for status change from H1B to H4 visa in the USA how many days in advance can we apply and is it ok to travel during the application is in process?

2. Instead of applying in the USA for H4, Is it ok if I go back to India before the current visa(H1B) expiration date and then apply for a H4 Visa at the chennai consulate?

3.Whereas four months back I had scheduled an appointment at Chennai consulate for Aug 25 2005 for my H1 stamping and I did not schedule a separate appointment for my spouse so can I take my spouse along with me to the consulate and apply for a dependent visa at consulate on the same day along with my visa stamping and apply for a status change at the consulate? FYI..My spouse has been on maternity leave for over 6 months now.

4. What all documents we need to carry while going to the chennai consulate?

5.Will doing all this have any impact on our GC process?

Appreciate if you could please help us in this regard?

Thanks,
Rohit
 

roy_sdd

Registered Users (C)
reg b1 to h1 query

dsha9 said:
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

Hi,

You said that u changed from b1 to h1. Presently i am in the same situation.

I came to usa ( one month back) on b1/b2 Multiple entry visa thru company on project work.(Training sessions).My B1/b2 is valid till oct,2005. In the meantime, my empolyer filed my h1 and it got approved on Aug 2nd week,2005. Now most likely i will be getting the approval papers in Sep 2nd week,2005.
Now what should i do.

Can i directly change the status from b1 to h1 by going out of usa and thru mexico, getting h1 stamping there and enter in to usa. or go to india ?

What is the best procedure to be followed in this.,

Request your suggesstions on this. please

Wating for your response.

Regards

Roy.
 

ASun

Registered Users (C)
B1 visa to H4

roy_sdd said:
Hi,

You said that u changed from b1 to h1. Presently i am in the same situation.

I came to usa ( one month back) on b1/b2 Multiple entry visa thru company on project work.(Training sessions).My B1/b2 is valid till oct,2005. In the meantime, my empolyer filed my h1 and it got approved on Aug 2nd week,2005. Now most likely i will be getting the approval papers in Sep 2nd week,2005.
Now what should i do.

Can i directly change the status from b1 to h1 by going out of usa and thru mexico, getting h1 stamping there and enter in to usa. or go to india ?

What is the best procedure to be followed in this.,

Request your suggesstions on this. please

Wating for your response.

Regards

Roy.

Hi,

I have one question regarding visa status change from Visitor's (B1) to H4 (Dependent visa). My husband is in U.K now and he already have B1 visa. I got a job recently and they are going to sponsor my H1B and I am going to get that by december. Will the process of converting B1 to H4 easy? My husband wants to move permanently from U.K in October as he has B1 and multiple entry. Later he want to convert into H4 when I get my H1B stamped. My question is can we apply for change of status being in U.S from B1 to H4 or he has to leave to home country for changing itself?


I would really appreciate any info regarding this issue.

Thanks..
 

anurag_maiti

New Member
b1 to h1b

Hi ,

I am on B1 visa from 15th Aug. and my I94 will expires on 15 th Nov.
I have applied for h1b in jun. I can get h1 by premium processing by 30th Sept. Can I continue to stay here with new h1b.

Please mail me at anurag_maiti@yahoo.co.in

Thanks
Anurag
 

chicagolady

Registered Users (C)
Yes

If you have any application pending with INS you are on status. you can stay till INS reply.

anurag_maiti said:
Hi ,

I am on B1 visa from 15th Aug. and my I94 will expires on 15 th Nov.
I have applied for h1b in jun. I can get h1 by premium processing by 30th Sept. Can I continue to stay here with new h1b.

Please mail me at anurag_maiti@yahoo.co.in

Thanks
Anurag
 

vedant

New Member
B1 to h1, going for first stamping

Hi guys need to hear some experiences with similar background.

I came here 2 yrs ago on b1 visa and then got an H1B through a company. Want to go to india and thinking of getting the stamping done in Toronto. I have done all my education in India.

Does anyone have similar experience with schooling in India, 7yrs India work exp, B1 to H1 transferred. Please share and advice on the chances for successful stamping in Canada.


Also my wife came on B1, then transferred to H4 and got an H1 recently in Oct, 05. She has just started working and thinking of going for stamping for h1 together, she may have only 1 paystub. What are her chances and does anybody have similar exp.

Your advice and experiences will be appreciated. I know the general rule says need to go to India for stamping, but I heard that some people with similar background did get it done. Thanks for all your help.

Vedant
 

j1fish

Registered Users (C)
hi stampin in mexico.. new rules?

i want to go to mexico for stamping h1. i came to usa on b2 8 yrs ago, got multiple stampings for j1 in mexico. now nvars for appointment says no mexico if i came to usa on b2. is that true. please let me know. is that ok to make appointmnet and give atry in mexico.

thanks for ur comments and opinion.
 

waitin_toolong

Registered Users (C)
You are worrying unnecessarily.

From your email I gather that the last time you entered the USA it was on J1 stamp, what ever the case may have been the first time.

The case you are stating is for people who entered on the B1 stamp and then changes status. They do not have a new stamp.

So you are safe if you have the J1 stamp as the latest stamp.
 

cjt

New Member
F1 to B1, with marriage in mind.

Okay, this is my first time posting this online, so bear with me:

I withdrew from my university and am currently in a fix. I know I have 15 days' to leave the US, but I also am planning to marry a US citizen whom I have known for a year now. Before I was granted my F1 visa, I already have a visa which I applied for my previous employment in my home country. On this visa it is stated as 'B1/B2'.

Now here are my questions:
#1: We plan to go through our marriage ceremony soon, but would that cause me any trouble with the immigration? What are the neccesary paperwork we need to file after our wedding? Do I still have to leave the country before the 15 days' period expires? My fiance and I have looked through various websites on marriage visas and such, but none mentions about having a fiance/fiancee who's ALREADY in the country.

#2: If filing for the marriage paperwork would not keep me in a legal status, can I change my F1 to the B1/B2 visa that I have? Am I able to seek employment if I'm on a B1/B2 visa? What should I do then if that helps?

Would really appreciate replies from anyone who has knowledge on this. Thanks.
 

VisitTemp999

New Member
B1 to H1 out of status gap

HI

I entered US on B1 visa last week (Jan 2007), & my I-94 expires in the month of July 2007, I found a company(Employer) over here(US) who is willing to apply H1 for the coming 2008 quota, commencing from April 1st 2007. My employer will file for H1 in the month of April alongwith my original I-94(whose validity is upto July 2007) for change of status from B1 to H1.

Here my question is if i get the H1 approval what would be my new I-94 date, as my H1 date starts only on October 2007. Can I again submit petition for extension of stay for 3 more months untill October 2007 in order to stay on status by filling up the gap period of 3 months August to October 2007.

Or do i need to first extend my stay upto october2007 and then file for H1 with extended I-94, but am afraid by that time the H1 quota might be exhausted.

Please anybody help me to take decision.
Thankyou all in advance
Victor

:confused:
 

chukdoo

New Member
Chg from B1/B2 to H4/H1B

I would be grateful if you can provide me your feedback regarding my current issue:

I have a 10 Yr multiple entry B1/B2 visa. I am planning to get married in India next month and my hubby is on H1B in New York. My company is ready to send me on a project consignment for next 6 mnths on B1/B2. Can I change my status to H4 after the project completion by registering a court marriage in US and stay back with my hubby. What is the solution if need to be with company next 6 mnths and wish to be with my hubby thereafter. Is it compulsary to come back to India after 179 days of stay in US for the rest of the year.
How about if I find an employer to file my H1B before expiry of B1/B2. Can I change my status.Do I have to go outside country for stamping.How safe if it since we are planning to settle in US for a long term
 

aurangabad

New Member
I am a foreign medical graduate from Nepal. My current visa status is B1/B2. I have been shadowing US doctors and voluntarily working as a research associate. I am also applying for residency beginning from september 1, 2009.

Now the doctor has offered me a full time job of a research associate and is willing to sponsor me a working visa. I think its a great opportunity for me as i can work and earn while i continue with the application and interviews. The final result of residency match would be known by the end of march and the residency start date is always July 1.

Now , my questions are
can i change B1 status to H1b from US? I dont want to go back as it might take months before i ca come here. Residency programs usually invite for interviews between the months of october and january. I have extended My I-94 for b1 once till Jan 27 2010 as they gave me the visa for only 3 months when i entered US at the end of April 2009.

Since this is a research associate job and has nothing to do with residency , do i still have to take step 3 exam which is a prerequisite for H1b visa sponsorship for physicians entering into a residency program?

Unlike others I was initially issued B1/B2 visa to come to US , take USMLE tests and find a residency spot. I was givenB1 visa actually to find a job in US..
I dont know how USCIS would take this change of status from B1 to H1...

Please suggest me how to go about this. or Email me at sujatd@hotmail.com
Thank you
 
Last edited by a moderator:

arroyD

New Member
I am currently in the US now for almost 5 months already. I want to study here in the US and was wondering when is the latest I could apply for a change in status. I was told that I should receive a receipt from the USCIS after I send my application for a change in status. This receipt would allow me to stay here while my case is pending.

How long does it usually take before I receive this receipt? I am afraid that if I only apply now, I might end up overstaying while waiting for the receipt.

Thanks!
 

venturer

New Member
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.

Rajiv, is this information still valid? If I enter US with B2 visa and declare my intention to change to F1 at airport, would they turn me back right away?
Thanks,
 

fish4all

Registered Users (C)
Validity of B1 post issuance and cancellation of H1

I was issued a B1 visa in 2006 (valid until 2016) on which I travelled to US in 2006 and obtained H1 (before expiry of maximum stay i.e. 6 months) and worked in US for almost 1.2 years. Travelled back to my home country in 2007 but did not get H1 stamping since I decided not to go back. My employer had cancelled my H1.

My passport still has the same B1 visa valid until 2016. Can I travel to US on the same visa or do I need to get a fresh visa assuming B1 was cancelled when changed to H1.
 

rocky99

New Member
Hi guys. i need urgent advice over my visa status.
I entered US on B1 visa for my some clinical work and later on one doctor offer research post with H1b visa which got approved. i am still in US and my current B1 visa is expiring on 27th of this month. if i go back to India and apply for interview to get H1b stamped will there be risk of rejection on ground of that i enter on b1 then got H1b approved within US?
kindly advice me.
 
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