Can I transfer my B1\B2 visa to H1 while I am in USA? My B1\B2 status will expire in August 2014

Asked 10 months ago - Waco, TX

Can I transfer my B1\B2 visa to H1 while I am in USA? My B1\B2 status will expire in August 2014

Attorney answers (2)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your H-1B if your employer is cap-subject will not permit you to start working until October 1, 2014. So you must either leave the US and return, or find a way to maintain your nonimmigrant status between August and October. Please see

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response... more
  2. Jeff L. Khurgel

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Unless the H-1B is cap-exempt, it would be effective only on October 1st (assuming it is chosen in a potential lottery and approved). There would be a gap from August-October and you would need to have a valid status during this period or apply for a visa abroad. Discuss the specifics with an immigration attorney for more detailed advice.

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-... more

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