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Applying for H1B within the US while pending B2 extension

Los Angeles, CA |

My I-94 expired a month ago. However, I submitted an extension of my B2 before its expiration because I had a medical observership opportunity almost at the end of my trip. Now I have a job offer from someone who's willing to sponsor me. Could I request for H1B while being here and while having a pending B2 extension?

Attorney Answers 3


Yes, absolutely.

Be aware,however, that if your request for extension was filed with the USCIS California Service Center (CSC) your application will be most likely denied (some 4-5 months from receipt.)

Thus, your H-1B will hopefully be approved prior to any adverse decision by CSC which would have the immediate effect of placing you out of status & forcing you to depart the US.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Thank you for your response. So what will happen if my H1B visa is approved? My understanding is that I cannot start working until october I right? If so, could I stay here or do I have to leave the country?

Giacomo Jacques Behar

Giacomo Jacques Behar


You will in likelihood have to visit your beautiful country for a few months and come back with a shiny new H-1B visa "stamp" in your passport. I hope my responses were helpful. Please do not forget to designate a "Helpful" and "Best Answer" to your question.


Yes, with an attorney's assistance ... it will be tricky.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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A nonimmigrant can hold multiple visa stamps in his or her passport and use those in accordance with the purpose of a particular trip. A nonimmigrant can only be in one status at the time.

A nonimmigrant cannot change status unless the status from which the change is sought is valid on the day when the change of status application is filed.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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