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H - B to B - 1

New York, NY |

Hi , I am working in US on a H - B visa . My H - B expires on 4 / 3 / 2012 . My PERM is pending . I need to be at my client sight for another month . Can i change my status to B - 1 and continue to work . Can i keep my employment with this Change of Status . I have a residence abroad . Are there any complications to it .

Attorney Answers 3


  1. No. Working while having a COS to B-1/2 pending is unlawful and would be grounds for I intimating removal proceedings against you.

    Also, the approval of your COS will be far from certain, unless you can come up with compelling (and convincing) reasons for wanting to stay in the US in a b1/2 visitor status after the expiration of your work visa.

    One good reason could be the sale of your home, car and liquidation of your affairs here.

    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. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com


  3. Highly unlikely.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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