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If someone visiting US on a visit visa, is it possible for them to apply for a job and change their status while on visit

Villa Park, IL |

Hi, this question is for an Immigration Attorney, if someone is entering united states on a visit visa, is it possible for them to apply for a job and change the status from visit to H1? IF yes then what is the procedure to do so?

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Attorney answers 5


The procedure is very complicated and you have to be eligible for an H-1 Visa (or status). You will, of course, need a qualified employer which will be able to file the petition for you next April for you to start working October 2014. In your situation it's all unrealistic. Perhaps you should switch to an F-1 (student) status first to buy yourself time.


Hypothetically, yes, its possible. It really depends on the employment details. Realistically, that will not happen now as most jobs fall under the H-1B cap - which is closed until next year. Therefore, it does not seem very plausible.

Legal disclaimer: For specific advice on your case, Mr. Minawi can be reached at 1-866-929-0991 ext. 206 or by answer does not establish an attorney client relationship.


Not if that was the plan all along.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


In theory, this violates the non-immigrant intent of a visitor visa. In reality, the H1-B cap is closed until next year. So in sum, it doesn't look too good for this.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.


First you need to find an employer willing to file and then you have to return or maintain status until Oct 1 2014 if you are approved.

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.