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Entry to US marked on B1 instead of H1B

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  • Entry to US marked on B1 instead of H1B

    Hi,

    I came to the US planning to enter on my H1B visa but the imigration officer gave me entry through on my B1 visa. I was not able to check that before I left the airport.

    I am now looking to correct my entry back to H1B so that I can start working over here.Checking with the attorney I was asked to do an exit and then make a re-entry.

    Is there any other way I can change my entry from B1 to H1B from within the US ?

    Please let me know as my H1B expires on September and my company is looking forward to file my extension as soon as I am on H1B visa.

    Can anyone please advice.

    Thanks

  • #2
    Originally posted by JacobAbraham80 View Post
    Hi,

    I came to the US planning to enter on my H1B visa but the imigration officer gave me entry through on my B1 visa. I was not able to check that before I left the airport.

    I am now looking to correct my entry back to H1B so that I can start working over here.Checking with the attorney I was asked to do an exit and then make a re-entry.

    Is there any other way I can change my entry from B1 to H1B from within the US ?

    Please let me know as my H1B expires on September and my company is looking forward to file my extension as soon as I am on H1B visa.

    Can anyone please advice.

    Thanks
    How can you be so careless? You can try applying B1 to H1 COS but that is a long and risky process. Your lawyer is right, leave US and re enter on H1. This is my opinion, not legal advice.

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    • #3
      Are you currently working in B1/B2? If yes, that employment is illegal. Filing a COS from B1/B2 to H1B will take 2-3 months and you cannot work until the COS gets approved. Also, a COS from B1/B2 to H1B is never advisable. Your lawyer is right. Leave the country (make sure you return all the I-94s) and re-enter back in H1B visa. Let the officer at the POE know that you are entering in H1B and show related documents. Check your I-94 before you leave the POE. Once you enter In H1B visa, you can start working immediately. You can go to Canada/Mexico and re-enter back to get a new I-94. Returning the current I-94 and getting a new one upon your return is very important.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        Got it Corrected

        Originally posted by JacobAbraham80 View Post
        Hi,

        I came to the US planning to enter on my H1B visa but the imigration officer gave me entry through on my B1 visa. I was not able to check that before I left the airport.

        I am now looking to correct my entry back to H1B so that I can start working over here.Checking with the attorney I was asked to do an exit and then make a re-entry.

        Is there any other way I can change my entry from B1 to H1B from within the US ?

        Please let me know as my H1B expires on September and my company is looking forward to file my extension as soon as I am on H1B visa.

        Can anyone please advice.

        Thanks
        " Hi friends thanks for the advice. I know its a mistake from my side :-(. Anyway I got it corrected in 10 mins as we need to go the US Customs and Border protection office in any of the International Airports and we can get it changed there within no time.

        Thanks Friends.
        "

        Comment

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