My brother who has a B1 visa has found an employer who is ready to sponsor. Can he file for H1B in April,2014 while he is here ?

Asked 8 months ago - Houston, TX

Once the H1 petition is approved, depending on the start date which is october, can he file for B1 extension to stay for an additional time so that he will be here in US until the start date?

Attorney answers (3)

  1. Pablo Husayn Nossa

    Contributor Level 17


    Lawyers agree

    Answered . Yes, the employer can file for him while he is still in the US. Yes, he can file for an extension but is unlikely to receive one.

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by... more
  2. Karen-Lee Pollak

    Contributor Level 19


    Lawyer agrees

    Answered . He can apply here but can only stay if the B1 is extended

  3. F. J. Capriotti III

    Contributor Level 20


    Lawyer agrees

    Answered . Sorry, for practical reasons this won't work.

    Although they can file in April, he can't get an H-1B before October 1, 2014 ... far longer than his B-1 is currently valid ... and, it will be unwise to try to extend the B-1.

    He should enjoy his vacation and go home to get the H-1B ... returning in October.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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