is B1/B2 visa still valid if H1B is approved for consulate processing

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chandrak762

Registered Users (C)
Hi Gurus,
My friend has a 10 year multiple entry visitor visa. He was here a couple of months ago and went back. He found an employer who has filed his H1-B for employment starting on october 1st. From what I read on the thread, looks like if his H1B is approved , it will approved for consulate processing ie H1B comes without an I-94.

His H1 is not approved yet. He needs to urgently come to US. Can he come to US now on his B1/B2 visa and apply for change of status to H1.

Does applying for H1B OR approval of H1B(with consulate proc) invalidate the 10 year multiple entry B1/B2 visa.

Thanks for your time
 
His stamp is still valid and he can enter on B1 but he will not be able work on his H1 job.

Only when H1 is approved and the change of status approved can he work.
alternatively he can travel outside and get a stamp of H1 after approval and enter on H1.
 
Your B1/B2 is still valid . He would have to apply for a change of status while in the US ." waitin_toolong " was right on the money with your question !!!
 
Thanks for the replies guys.

How long does the change of status process take.

Say when he enters the country on B2, he gets an I-94 till november 1st.

Does his I-94 need to be valid till change of status application is approved or is it that I-94 has to be valid on the date of application.

If the change of status process goes beyong his I-94 date, will he have a legal status in US during that time.

Also, if change of status is approved, what happens to his 10 year B1/B2. For example his H1-B is valid for only 3 years and he choses to not continue on that after that. Can he come back on B1/B2 again.

appreciate your help on this.
 
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