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h1b appl. in, can B1 be overstayed on???

h1b appl. in, can B1 be overstayed on???

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Old Apr 25th 2002, 3:30 pm
  #1  
Neaves
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Default h1b appl. in, can B1 be overstayed on???

I have a friend who is in the country on a already extended b1 visa, his 2nd 6 month
term on this visa is about to expire. He has been told that he is in status and can
remain in the country as he has the H1b application in (its only be sent in this
week, and he has 4 weeks left on his b1). Can someone confirm that this is true or
not true, my understanding is that he has to leave the country on or before his b1
expires and wait outside...

thanks
 
Old Apr 25th 2002, 7:30 pm
  #2  
Sylvia Ottemoel
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Default Re: h1b appl. in, can B1 be overstayed on???

neaves wrote:

    > I have a friend who is in the country on a already extended b1 visa, his 2nd 6
    > month term on this visa is about to expire. He has been told that he is in status
    > and can remain in the country as he has the H1b application in (its only be sent in
    > this week, and he has 4 weeks left on his b1). Can someone confirm that this is
    > true or not true, my understanding is that he has to leave the country on or before
    > his b1 expires and wait outside...

If the H-1B petition requested a change of status, and if the requested start date on
the petition is on or before the expiration date of the B-1 status, his stay in the
U.S. is authorized while the H-1B petition is pending, even after the expiration of
the B-1 status.
 

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