Hello All,
Here is the challenging situation:
My friend would like to stay here legally and get some working experience in his field.. Currently he is on B2-visa. let's say his B2 stay will expire on May 20th 2004.
He would like to file for H1 or B2 extension for another six months to stay here legally.
1. Since the visa is expiring on May 20th, 2004, if he finds an employer who can do his H1, after filing for H1 visa whether they use premium or regular, what will be his status.?
Can he stay here legally after filing for H1 even though his stay is expiring May 20th. If not then to which status he should convert his visit visa e.g. F1 or extension of B2 ?
2. Is his approval based on visa number availability? Or his case would be approved before visa number is available on October 1st, 2004 either in premium or regular processing?
3. If H1 approval is not based on visa number availability and conversion to H1 visa is approved before May 20th, then can he stay here legally till the visa number is available by October 1st or later?
4. If he cannot stay here legally after the expiration of B2 stay, then what would be his option?
a. Should he extend his B2 visa for another six months which would be valid till October 20th 2004.
b. Should he convert into F1, If it is the option, after the approval of F1, does he have to file again to convert from F1 to H1.
c. Should he go back to his home country until he gets the approval and then get the visa stamp from US embassy.?
Thanks.
Here is the challenging situation:
My friend would like to stay here legally and get some working experience in his field.. Currently he is on B2-visa. let's say his B2 stay will expire on May 20th 2004.
He would like to file for H1 or B2 extension for another six months to stay here legally.
1. Since the visa is expiring on May 20th, 2004, if he finds an employer who can do his H1, after filing for H1 visa whether they use premium or regular, what will be his status.?
Can he stay here legally after filing for H1 even though his stay is expiring May 20th. If not then to which status he should convert his visit visa e.g. F1 or extension of B2 ?
2. Is his approval based on visa number availability? Or his case would be approved before visa number is available on October 1st, 2004 either in premium or regular processing?
3. If H1 approval is not based on visa number availability and conversion to H1 visa is approved before May 20th, then can he stay here legally till the visa number is available by October 1st or later?
4. If he cannot stay here legally after the expiration of B2 stay, then what would be his option?
a. Should he extend his B2 visa for another six months which would be valid till October 20th 2004.
b. Should he convert into F1, If it is the option, after the approval of F1, does he have to file again to convert from F1 to H1.
c. Should he go back to his home country until he gets the approval and then get the visa stamp from US embassy.?
Thanks.