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B2 visa extension and H1b petition

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  • B2 visa extension and H1b petition

    im currently in the u.s. since March5 and was given 6 months stay till sept 4,2008. incidentally i found an employer was able to apply for h1b change of status from b2 as arranged and processed by my lawyer. i was included in the lottery for 2009 quota and also got the receipts both for h1petition and the request for extension. my question is that: what would be the impact on my legal stay if the hi1 b approval came out first than the b2 visa extension. i know that the h1 is effective on 10/1/08 yet and the results of the b2 visa extension usually comes at a later date of your I-94 expiry.

    need your inputs. thanks.

  • #2
    I can't help but notice that incidently you found an employer fairly quickly. I mean in just 20-25 days is remarkable.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      b2 visa extension and h1b petition

      my situation is real and i would appreciate it very much if you could provide some inputs that would be helpful - as what this forum is all about

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      • #4
        H1b COS will not be approved if USCIS notices a status gap.B1/B2 extension request to USCIS needs strong reasons for USCIS to approve it. If that is denied, it is a big risk for you as you will be accumulating unauthorized presence right from the date of expiry of the I-94.

        USCIS will approve the H1b if you qualify for a CP requiring you to go out, get a visa stamp and re-enter due to gap in status.

        If I-94 extension goes through, then you can possibly apply for amending the I797 and status but you cannot start work until amendment is approved and you get a I797 with an attached I-94.

        In your best interest, get a H1b visa stamp after approval and return on H1b.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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        • #5
          Whether your situation is real or not, they will see your situation as you entered with the intention of gaining employment on a visitor's visa.

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          • #6
            thanks

            thanks a lot for the input guys!

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