Can I enter the US via B1/B2 before Oct 1 then just change my status there to use the H1B when it's October?

Asked about 1 year ago - San Francisco, CA

I already have B1/B2 then I got my H1B approved recently. My company was asking me to go sometime on the 3rd Q for a business trip. I was thinking if it is possible to not come out of the US and change the status in the US to use my H1-B visa come October.

I have not gone thru the stamping of the visa on my passport yet as I was just informed that the visa has been granted.

Thanks.

Attorney answers (3)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Sounds like the continuation of the scheme presented in the previous question. Am afraid your scenario will not work,UNLESS your H-1B was approved as a change of status (COS). Highly doubtful, since you were not even present at the time the H-1B petition was filed on your behalf.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Anu Gupta

    Pro

    Contributor Level 19

    Answered . I agree with my colleague.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more
  3. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

    Answered . No. You must obtain your H-1B visa from the Embassy, which can be issued up to 10 days prior to October 1, 2013.

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