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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?

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. 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 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.


  2. 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.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


  3. 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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