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  • Need immediate help

    My one of the friend resigned few weeks ago (H1B). After they applied for B2 and now he got an offer. Employer is willing to sponser new visa but need to help on procedure.

    a) How to cancel the B2 visa? What is the proecess?
    (b) Would it be new H1 procedure ?
    (c)How soon he can start his work?

    Any other information will be helpful

  • #2
    No need to cancel B2.
    No need of new H1, the process needed here is called H1 transfer.
    Employmen with new employer can be started as soon as USCIS receives your application and you have a proof for that.

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    • #3
      Since your friend lost his job a few weeks and apply for a COS to B2, he is in a "Period of Authorized Stay by the Attorney General" and not on H1.

      In this case, he can apply for a H1 using consular processing (not COS). Once the H1 is approved (possibly Premium process), he will need to go out of the U.S. and enter on H1 status using a valid visa. Once this has been done, he can withdraw the B2 COS application. I assume that B2 COS takes some time. The idea is to get the H1 approved before the B2 and enter on H1 status followed by cancelling the B2 COS request. You can call USCIS to find out the procedure or talk to a lawyer.

      I could be wrong. Wait for other experts' opnions.
      Check out H1 FAQs first!
      http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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