Pl help!! H1 expring..., but may have a job offer..

K

koko

New Member
Please HELP!!
My H1 is expring in the end of February. I expect that I will get a job offer around the beginning of March. So I will apply for B1/B2 visa now. Later when I obtain a formal job offer, I will apply for H1 petition.
My questions are
1. When I apply for H1, is it a new H1 application? Do I have to wait the final approval to start work or Can I start working after receiving the receipt notification?

2. It there the high possibility to get H1 denial because of application for B1/B2?

3. Is it possble to apply for premium processing with H1 petition?

Any feedback will be very much appreciated.
 
Answers

1. When I apply for H1, is it a new H1 application?

A: Probably not (of course, it depends on how it\'s applied for). It probably would be a change of status to H-1.

Do I have to wait the final approval to start work or Can I start working after receiving the receipt notification?

There are no definite regulations but all indications are that you will have to wait for approval.

2. It there the high possibility to get H1 denial because of application for B1/B2?

It depends on what you say the reason for the B1/B2 is. If you make a willing misstatement that can be immigration fraud and certainly could cause problems.

3. Is it possble to apply for premium processing with H1 petition?

Yes.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
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