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entered on B1 B2 with valid H1B. Change status?

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  • entered on B1 B2 with valid H1B. Change status?

    hi everyone,

    i have my h1b stamped already in India in June. i had to come to US on my current employer business. it was for one month and i entered in july. the immigration gave me I94 for three months, till October 22. So they extended my trip to three months. Now my H1B is valid from Oct 1st.

    Can I start working on H1B? If yes, how can I change my entry from B1/B2 to H1B since the current I94 expires on Oct 22. I was thinking of going out of country by going to Mexico and the entering back the same day and now enter on H1B status. How should I proceed?

    Can anyone advice?

    thanks,
    kk

  • #2
    you are saying that your H1 is valid from Oct 01.if your H1 is approved with Change Of Status(COS) then you will be on H1 automatically(stamping can be done later).

    if your H1 is approved but not with COS, you will still be on B1 and it will take 3 to 4 months for COS from B1 to H1 else you can go out of country and get stamping done and reenter on H1.

    hope this clarifies you.

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    • #3
      Hi,

      I have my H1B stamped already in June. I entered USA in July. I got I94 validity till Oct 22. So Should I apply for COS? or should i exit in to Mexico, surrender I94, and reenter after couple of hours on H1B and get new I94?

      thanks,
      kk

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      • #4
        oooops...ok..u have H1 stamp already..so now if u go for COS it will take at the min 3 months..by then u will be out off B1 status n is illegal...

        u can go out of the country n get stamping n then reenter..---this is the only option if you want to be on H1.

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        • #5
          Jyothi,

          thanks for the reply. what do you mean by "getting the stamping and come". You mean a new I94 ... 97 .. whatever? Becasue like you said it, I already have h1B visa stamped.

          now, to get the new Iwhatever, is it sufficient to get out to Mexico and reenter on H1B status?

          thanks,
          kk

          Comment

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