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Change of Status B2 to H1 while in USA

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  • Change of Status B2 to H1 while in USA

    Hi,
    I have a slightly complicated question. I am here in US on B2 which is 5-year multiple entry. My current entry expires in 2 weeks. I have an H1 contract from a hospital but have to wait for my state medical license in order to apply for H1. State medical license might take more than a month. If I leave then I have two options: first to wait in my home country for H1 approval, apply in the consulate for H1 visa stamping and come back to US on H1. The problem with that is security clearance that may take so long that my contract is cancelled. The other is I can leave and come back on B1 and change my status when I am back in US. I have heard that when you enter on B1 you cannot change your status for at least 90 days. Is this correct? What if I am given entry for only 1 or 3 months? One other option may be to apply for extension for stay on my current B1 entry. How long does that take and what are chances of getting it?
    Any suggestions?
    Thanks

  • #2
    Hi,
    There are other repurcussions when you change status from B1/B2 to any other kind of visa while in the US. The Visa Officers will almost consider it as breaking the law if you try to ignore the "Visitor" intent of a B1/B2 visa. If you later intend to bring over your dependants on H4 or visitors on B2, then they will face a tough task at the consulate to get the visa approved. Even for your visa extensions there might be problems.
    So safest and best route is to get your H1B visa stamped at HOme.
    VEENA
    (NOT LEGAL ADVICE)

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