Skip to main content

Change of B1 to H1 cap exempt. H1 work start on 1st of July. B1 expires 21st of June.

Chicago, IL |

Q1 what are the chances of being rejected? And if that happens, will it affect my chances of getting it stamped from outside US? The interntion of my B1 was to travel for post graduate training interviews. I did the interviews but I am staying to do an exam and get it is results and also wait for the response from the interviews and potential reinterviews or other interviews.

Q2 My B1 expires on the 21st of June. and the residency starts on the 1st of July. So there will be a gap of 9 days. One lawyer told me it is fine but the other lawer said it is not fine???

I will make an appoitment but I need somebody who had previous experiences with doctors specefically changing their status from B1 to H1. Because I have seen a lot of controversy in this topic

+ Read More

Attorney answers 3

Posted

You present truly case specific issues that should be legally delegated to the counsel of record who must be intimately familiar with that current case, its documents and all case developments.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

Asker

Posted

sorry but what you mean

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Exactly what I stated above. No more, no less.

Ajay Kumar Arora

Ajay Kumar Arora

Posted

I agree with my colleague, Attorney Ivakhnenko. To the Asker: I could copy and paste his response, but that would be plagiarism and I cannot state it any more eloquently.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Counsel Arora I have no problem using my notes for quotation

Ajay Kumar Arora

Ajay Kumar Arora

Posted

Thank you Attorney Ivakhnenko, I will be sure to cite the source...

Posted

1. "Being rejected" for what? For an application for the extension of your B-1 status, to enable you to "bridge" the gap? Who knows? All depends if you'll prepare and submit a convincing application to USCIS. A denial of your EOS application should have no effect on your ability to obtain an H-1B visa stamp at a consulate abroad, once USCIS approved your employer's petition on your behalf. The reasons you are giving for wanting to remain in the US past your B-1 expiry will not be convincing for an EOS. Have to think of something better.
2. No "gap" in status is EVER fine! Overstaying by even one day could have severe consequences at the consulate later where they have absolute discretion of whether to issue your visa or not. CAnnot remain in the US out of status during the "gap" period and then expect to move on the H-1B status!

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.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

A reliable procedural analysis.

Posted

Chances of denial necessarily depend on sufficiency of preparation. How would we know?

You may not stay past the authorized period. All overstays can have an effect on future applications.

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.