How can I change back to H1B when admitted with emergency waiver B2?

[landscape95]

I have the H1B which has the validity date on the passport is 15 OCT, 2021. My actual starting date is 10 Jan, 2022. On the I-797, it is said that I am only allowed to come in 10 days before my starting date as the earliest date.

My HR at my academia institution told me that I am able to enter the country as a visitor before my starting date. However, when I arrived at the airport, the border security told me I cannot come as the H1B until 1 Jan, 2022 as on the paperwork. They provided me an emergency visa waiver B2 with form I-193 until 12 Jan, 2022 and advise me to change this to H1B so that I can start the payroll for my work.

I am wondering if I can change the classification inside the US on time and if I go out of the US, and go back around 1-10 Jan, 2022, will my B2 the deactivate when I leave and start the new H1B when I come back?

[rkk09]

Hi Member,
Please see my response below.
I am wondering if I can change the classification inside the US on time and if I go out of the US, and go back around 1-10 Jan, 2022, will my B2 the deactivate when I leave and start the new H1B when I come back?
Answer: In order to change your current non-immigrant status, you will need to file change of status petition to H1B while you are in the USA. Anyhow, If you want to do a change of status or any action to change your current non immigrant status, you will surely need legal support who will give clear process on this.
All the best.
Thanks

[brown07]

Entering the United States through the Visa Waiver Program counts as a lawful entry. However, the mybkexperience law that created the Visa Waiver Program also stipulates that VWP entrants are not allowed to change or adjust their status. This prevents most VWP entrants from adjusting their status.