B1 & H1B visa question.
Jul 2nd 2004, 11:32 am
#1
Guest
Posts: n/a
B1 & H1B visa question.
I hold a B1/B2 one-year Multiple entries visa which will expire on
November 1, 2004. I'm on a B1 status (I entered the country on
November 17, 2003 & was issued 3 months duration of stay). I filed to
extend my stay at Vermont center in February (my receipt notice was
issued Feb 3). I requested to extend my duration of stay until August
5. (the original duration of stay has ended Feb 14).
I moved to California mid May & called the INS customer service center
& changed my address with them.
As of today, I have not heared from them regarding my extention,
though the Vermont center is now processing applications filed in
April.
So now I'm not sure wiether they transfered my application to the
California center where it'll be at the bottom of the waiting list
from the date it was transferred or will they continue to process it
at the Vermont center? I asked them but nobody gave me a definite
answer!
also I have a more important question; I got a job offer in research
in Ohio & the institution will sponsor H1B visa. can I file for H1B
now while my application for extension is still pending?
what are my options now? can I leave the country to spend 2 months in
my country then come back as a visitor & file for an H1 visa?
I really appreciate your assistance.
Best regards.
November 1, 2004. I'm on a B1 status (I entered the country on
November 17, 2003 & was issued 3 months duration of stay). I filed to
extend my stay at Vermont center in February (my receipt notice was
issued Feb 3). I requested to extend my duration of stay until August
5. (the original duration of stay has ended Feb 14).
I moved to California mid May & called the INS customer service center
& changed my address with them.
As of today, I have not heared from them regarding my extention,
though the Vermont center is now processing applications filed in
April.
So now I'm not sure wiether they transfered my application to the
California center where it'll be at the bottom of the waiting list
from the date it was transferred or will they continue to process it
at the Vermont center? I asked them but nobody gave me a definite
answer!
also I have a more important question; I got a job offer in research
in Ohio & the institution will sponsor H1B visa. can I file for H1B
now while my application for extension is still pending?
what are my options now? can I leave the country to spend 2 months in
my country then come back as a visitor & file for an H1 visa?
I really appreciate your assistance.
Best regards.
Jul 2nd 2004, 11:49 am
#2
American Expat
Joined: Jan 2004
Posts: 7,598
Re: B1 & H1B visa question.
Entering with a B1 visa with the intention of changing status to an H1B once inside is illegal and can get you ordered removed and barred for a minimum of 5 years.
If you don't hear from them be sure to get out prior to the date you requested to stay until.
If you don't hear from them be sure to get out prior to the date you requested to stay until.
Jul 2nd 2004, 1:42 pm
#3
Guest
Posts: n/a
Re: B1 & H1B visa question.
crg14624 wrote:
> Entering with a B1 visa with the intention of changing status to an H1B
> once inside is illegal and can get you ordered removed and barred for a
> minimum of 5 years.
>
> If you don't hear from them be sure to get out
> prior to the date you requested to stay until.
If he can demonstrate that he did not enter with the *intention* of
changing to an H1B then he can do this. It is quite routinely done with
pauses between H1Bs to switch to B2 and back again.
> Entering with a B1 visa with the intention of changing status to an H1B
> once inside is illegal and can get you ordered removed and barred for a
> minimum of 5 years.
>
> If you don't hear from them be sure to get out
> prior to the date you requested to stay until.
If he can demonstrate that he did not enter with the *intention* of
changing to an H1B then he can do this. It is quite routinely done with
pauses between H1Bs to switch to B2 and back again.
Jul 2nd 2004, 2:13 pm
#4
American Expat
Joined: Jan 2004
Posts: 7,598
Re: B1 & H1B visa question.
Originally posted by Stuart Brook
crg14624 wrote:
> Entering with a B1 visa with the intention of changing status to an H1B
> once inside is illegal and can get you ordered removed and barred for a
> minimum of 5 years.
>
> If you don't hear from them be sure to get out
> prior to the date you requested to stay until.
If he can demonstrate that he did not enter with the *intention* of
changing to an H1B then he can do this. It is quite routinely done with
pauses between H1Bs to switch to B2 and back again.
crg14624 wrote:
> Entering with a B1 visa with the intention of changing status to an H1B
> once inside is illegal and can get you ordered removed and barred for a
> minimum of 5 years.
>
> If you don't hear from them be sure to get out
> prior to the date you requested to stay until.
If he can demonstrate that he did not enter with the *intention* of
changing to an H1B then he can do this. It is quite routinely done with
pauses between H1Bs to switch to B2 and back again.
You can come in to seek an H1B. However, if you already know the H1B is waiting for you, then there can be big problems.
If he shows up at the port of entry and they find an approved H1B petition, they'll either allow him to withdraw, or nail him to the wall.
Jul 4th 2004, 9:55 am
#5
Guest
Posts: n/a
Re: B1 & H1B visa question.
Thanks for your input guys..
how can I find a good lawyer to handle my case in Ohio? can anybody
recommend a lawyer who is well-known & expert in immigration issues.
Thanks guys!
how can I find a good lawyer to handle my case in Ohio? can anybody
recommend a lawyer who is well-known & expert in immigration issues.
Thanks guys!
Jul 4th 2004, 1:19 pm
#6
Guest
Posts: n/a
Re: B1 & H1B visa question.
Chris wrote:
> Thanks for your input guys..
> how can I find a good lawyer to handle my case in Ohio? can anybody
> recommend a lawyer who is well-known & expert in immigration issues.
>
> Thanks guys!
One fairly regular contributor is Michael Piston in Detroit ... I can't
recommend him one way or another since my only contact has been through
a newsgroup - but he seems active and I haven't seen posted complaints.
A good attorney can do work over the internet, phone and fax so his
exact location shouldn't matter.
> Thanks for your input guys..
> how can I find a good lawyer to handle my case in Ohio? can anybody
> recommend a lawyer who is well-known & expert in immigration issues.
>
> Thanks guys!
One fairly regular contributor is Michael Piston in Detroit ... I can't
recommend him one way or another since my only contact has been through
a newsgroup - but he seems active and I haven't seen posted complaints.
A good attorney can do work over the internet, phone and fax so his
exact location shouldn't matter.
Jul 4th 2004, 7:04 pm
#7
Guest
Posts: n/a
Re: B1 & H1B visa question.
> One fairly regular contributor is Michael Piston in Detroit ... I can't
> recommend him one way or another since my only contact has been through
> a newsgroup - but he seems active and I haven't seen posted complaints.
>
> A good attorney can do work over the internet, phone and fax so his
> exact location shouldn't matter.
Thanks alot for the info. would you plz let me know if u have his contact info?
Thanks for the assistance.
Chris
> recommend him one way or another since my only contact has been through
> a newsgroup - but he seems active and I haven't seen posted complaints.
>
> A good attorney can do work over the internet, phone and fax so his
> exact location shouldn't matter.
Thanks alot for the info. would you plz let me know if u have his contact info?
Thanks for the assistance.
Chris
Jul 5th 2004, 12:56 am
#8
Guest
Posts: n/a
Re: B1 & H1B visa question.
Chris wrote:
>>One fairly regular contributor is Michael Piston in Detroit ... I can't
>>recommend him one way or another since my only contact has been through
>>a newsgroup - but he seems active and I haven't seen posted complaints.
>>A good attorney can do work over the internet, phone and fax so his
>>exact location shouldn't matter.
>
>
> Thanks alot for the info. would you plz let me know if u have his contact info?
>
> Thanks for the assistance.
>
> Chris
Google is your friend ...
http://www.piston.net/
It's an incomplete site ... but it works!
>>One fairly regular contributor is Michael Piston in Detroit ... I can't
>>recommend him one way or another since my only contact has been through
>>a newsgroup - but he seems active and I haven't seen posted complaints.
>>A good attorney can do work over the internet, phone and fax so his
>>exact location shouldn't matter.
>
>
> Thanks alot for the info. would you plz let me know if u have his contact info?
>
> Thanks for the assistance.
>
> Chris
Google is your friend ...
http://www.piston.net/
It's an incomplete site ... but it works!
