Exchange from B2 to H1B status while B2 extension is pending

[qimemadhi]

My B2 visa period ended in April.

I filed for extension in march and now I am awaiting the proceesing. In mean time I found a job and my offering institution filed in my behalf for H1B with premium processing. (takes aproximately 2 weeks to be processed)

If the H1B is processed before the B2 and i get approved and after a wile i get denied the B2 extension what happens with my H1B status ? Do they terminate my B2 application automatically or they will process separately. Anyone has any opiion or experience in this situation?

Thank you!!

[raghvi]

Has your B2 I-94 expired? If yes, unless B2 extension is approved your move to H1 will not be possible.

USCIS might want to know what is the reason you cannot go out and come back on H1 visa by getting H1 stamped.

This is my opinion not legal advice.

[peace999]

a mere approval of H1b petition does not mean you come to be in H1b status,
you either have to apply for a change of status or go home to apply for an H1b visa using the approved petition.

Once your original I-94 is expired in April, you cannot apply for any change of status to H1b.
Once you get a B2 extension approval then you can.

But If you are denied B2 extension, you again won't be able to change to H1b. your visitor visa will be void and you will have to go home and apply for an H1b visa.

Since B2 extension processing takes 3-4 months, the best thing is for you to go home as soon as you get your H1b approval and apply for an H1b visa at home.