adjust of status to H1-B

[napizamd]

hi. I've stayed in US for more than 6 months. my tourist VISA expired already, but I found a job and the employer is willing to sponsor me. Will I get an approval?

[suresh24]

You may get H-1 approval but you wont get change of status unless you have applied for H-1 before I-94 expiry.

Other wise you are illegally present and you may face problems when you go for stamping

[napizamd]

h1? h1B?

Thank you for your reply suresh. Although, you got me confused. My tourist VISA (B2) i-94 was expired already. An employer can file a petition to H1-B on April 2007 I like to stay here in US and wait for the petition. Will I get the approval and legally work for the employer on October 2007?

[suresh24]

You are saying your I-94 already expired and going to apply for H-1 for Oct 2007 in Apr 2007 and u are still in US. What status are you in now ?

Sorry to say, you are illegally present and if it is more than 180 days since your I-94 expired, you are subject to 3 year bar and if more than 360 days have passed, 10 year bar from entering US. You have to depart immediately to avoid any of these consequences.