Visitor Visa to H1 Transfer ..... Need Assistance.....

M

mony

New Member
I came to US on a visitor visa and was offered a job with a Company here in CA. Before the I94 expired the Company filed for my H1 B visa with the INS..

The submission of the Docs to the INS was on the last date of the Validity of the I94. I got the receipt from the INS with the received date same as the expiery date of my I94.....ie if the expiery date on the I94 is 10 Oct then the received date on the INS letter Notice of Action is also 10 Oct.

Now i am awaiting my H1 visa....
I want to know if I was ever in the whole time "OUT OF STATUS" and currently also Out of status till I get my H1 Approved.

2) Can I work for the Company after filing for the H1B or have to wait till the H1B is approved by the INS.

AWAITING Clarification s from Fiends out there.....
THANKS
MM
 
No Title

I think you need to wait till the H1 is approved to start working for that company because this is your first H1. It is better to talk to the attorney for finding whether you are Out of Status or Instatus from the I-94 expiration to the date of H1 approval.
 
No Title

Anyone who has experiences on returning to their home country and entering US again after changing his/her status from a visitor visa to a H1-B visa, please post the consequences.
 
My Experience

Don\'t worry, you\'re not out of status, neither legally or practically. Fortunately for you, the receipt date is the same as your I-94\'s expiration date. Let\'s not confuse one thing though... What you will get is not an H1B visa. You will get H1B STATUS. In order to get the visa, you need to go to a US consulate. The best choice: Canada or Mexico. Experiences at the consulate vary, and since we all know how discretionary the visa issuance is, nobody can guarantee that you will get the visa. But there are high chances that you will, just because all of your paperwork is in order and you\'ve never been out of status... you\'ve been awaiting INS action.

Good luck!!
 
I did it

I did the exact thing you are describing. I was afraid to death, because we all know INS and as stupid as it may sound, law-abiding foreign citizens (I hate the term alien) are usually more stressed than the illegals, due to the broad discretionary powers INS has. When I left the US and re-entered was before Sept. 11. I have a trip schedule for January and I\'m thinking about cancelling it, just because we don\'t know what to expect at the airports, and there\'s no legal resource that we have to protect our "rights". I guess that\'s what we get for following the rules and doing things the legal way.

Notwithstanding what I just said, don\'t worry because technically, there shouldn\'t be a problem as long as you have obtained the H1B visa. Please remember, Change of status from visitor (B1/B2) to H1B while in the US is NOT THE SAME as an H1B visa. The H1B visa needs to be obtained at the consulate. And please, travel with all your documents, just in case!!

Good luck!
 
advice?

Hello Jesus,

I came here on a tourist visa and was unable to return home due to lack of money and I have been here for over 8 years. Wgat can I do to become a citizen? Is there a loophole somewhere? Or if I leave the country like you did, would I be banned to come back to the U.S even if I may be able to get married to my girlfriend who is a citizan?

Thank youin advance for your time.
 
Visitor to H1

I have a friend of mine who is here on a visitor visa and filed to convert to H1 status. After the H1 is approved by INS, Can my friend start working or Does he have to go to his home country to get the visa stamp before starting work? Please post clarifications. Thank you in advance.
 
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