From B1/B2 to H1B

L

Lotd

New Member
Hello,

I currently in the US for 9 months.

I started out as a J-1 left to Canada and came back under my B1/B2.

now its about to run out an I found an employer whilling to sponser my H1B come this april.

will my long stay effact this process?

will I be denided because I'm here for too long?

Can I even applay while staying in the US or do I have to be out of the country?

My i-94 expires April 18th, will the application on april 1st allow me to stay until theres an answer for my application?

Thanks,
Ron
 
Whilst applications are to be submitted on April 1st, *if* you are successful (these days, H1-B is more like a lottery as the number of applications far exceeds the amount of visas available per fiscal year) then you will not be able to start work until October. This is when the visa is valid from. If you do not have a visa to maintain status in the US during this time (and judging from your post, you wont), then yes, you will have to return back to your country of origin when your tourist visa expires and then return back to the US once the H1-B visa becomes valid in October.
 
Once the I-94 expires on April 18th then you must return back to your country of origin. To stay beyond this time you will be in 'overstay' and clocking up time which can lead to a ban from the States.
 
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