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Ok to apply for H1B while in the USA on B1/B2?

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  • Ok to apply for H1B while in the USA on B1/B2?

    If I had a B1/B2 visa would it be ok to apply for an H1B while in the US, get it approved then start work at the employer?

    My understanding is that I'd just need to sort my visa stamping out the next time I leave the USA.

  • #2
    You are allowed to file a COS from B1/B2 to H1B. However, it is never advisable. Depending on the VO, you will have to answer a lot of questions related to your intention to find a job when you are allowed in B1/B2 when you attend the visa interview the next time. Yo can file the H1B as a consular process and when it gets approved, get the visa stamped and return back in H1B visa and start working.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      Thanks again dude, that answers my question perfectly.