b1/b2 expiry issue

[faizpvr]

Dear Sir,

I'm planning to land CA, USA using B1/B2 during the first week of march 2012, presuming i get i94 up to aug 2012 (at the best case).

Here i have two queries for you.
1) I'm planning to apply for h1b after 2 months of stay which would be may 2012, what if my h1b gets approved with in aug 2012(my i94 expiry date) and how would i manage to stay on status in US till oct 1st (h1b work start date) with out quitting USA.

2) If I'm planning to apply for h1b after 4 months of stay which would be july 2012, Presuming i will get h1b approved on or after oct 2012, apparently my i94 gets expired on aug 2012. Would i be able to continue my legal stay till my h1b approval date as my h1b status is in pending for approval stage. If not, what are other options to continue stay till work start date, what would you recommend me to do.

Please suggest me the right path, looking forward to meet you in person once i reach CA.

[raghvi]

b1/b2 expiry issue

Once in US on B1 your current/next employer would have to file for a COS (Change-of-Status) from B1 to H1. Rarely B1 to H1 status are approved without consular process. So eventually you would have to go back to home country and attend interview at consulate to get the H1 stamping done. Even if through rare luck you are approved a COS while in US, you would not be able to start work on H1 till 01-Oct-2012. As your I-94 in best case would be expiring Aug -2012 (if you enter US in March-2012), you would be illegally staying in US from Aug-2012 to 01-Oct-2012 which is best avoided for future approvals/extensions. You need a valid I-94 to stay in US, if you want to try your luck enter on B1 after 01-Apr-2012, take a chance that you get 6 Months I-94 , file a COS from B1- H1 take a chance that it gets approved without consular process, and start working with new I-94 from 01-Oct-2012 (personally, I see very less chance of that happening), or go outside US and get stamped H1 to re-enter on H1. This is my opinion please do consult experts too.