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

[AlexCarey]

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.omegle xender


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,
Here is my response.
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: You can change your current non-immigrant status to H1B with the filing of change of status petition. Once you do the change of status petition then you can continue working in the US with the help of H1B. If you have a plan to travel to the home country then you will need to get H1B visa stamping in order to return back to the country.
Thanks