Chris

I'm on a B1 status, I filed to extend my stay at Vermont center in
February & didn't receive from them yet (though they r now processing
applications filed in April!!) now I got a job offer in research in
Ohio & the institution will sponsor H1B visa. can I file for H1B now
or I should wait till hearing from the INS about my extension?

Chris

Hi guys,
anybody has an answer to my case?

I appreciate your assistance.

Sylvia Ottemoeller

"Chris" <[email protected]> wrote in message
news:[email protected]...

    > I'm on a B1 status, I filed to extend my stay at Vermont center in
    > February & didn't receive from them yet (though they r now processing
    > applications filed in April!!) now I got a job offer in research in
    > Ohio & the institution will sponsor H1B visa. can I file for H1B now
    > or I should wait till hearing from the INS about my extension?

Make sure that the Ohio institution has professional assistance with the
H-1B, either employees who process H-1B petitions for a living, or a private
immigration attorney hired to assist, and leave the question up to the
professionals.

Probably, it's best to file earlier rather than later, use premium
processing, and ask that the extension petition be adjudicated before the
H-1B is adjudicated. But your circumstances may point to a different
strategy.

J. J. Farrell

[email protected] (Chris) wrote in message news:<[email protected] om>...
    > I'm on a B1 status, I filed to extend my stay at Vermont center in
    > February & didn't receive from them yet (though they r now processing
    > applications filed in April!!) now I got a job offer in research in
    > Ohio & the institution will sponsor H1B visa. can I file for H1B now
    > or I should wait till hearing from the INS about my extension?

It's your prospective employer who files for H-1B, and they can do
it any time. The only question is whether you will be granted a
change of status to H-1B or whether you'll be required to leave the
USA, get an H-1B visa, and return on the visa. That will largely
depend on whether or not the USCIS believe you to be in status at
the moment. Your employer's attorney is best placed to comment on
this, but if you have some good evidence that you filed your
extension application properly before your original I-94 ran out,
and the H-1B application is made before the end of the extension
period that you requested for the B-1, then there shouldn't be any
problem. Worst case is you'll have to go home and get a visa.

Chris

    >
    > It's your prospective employer who files for H-1B, and they can do
    > it any time. The only question is whether you will be granted a
    > change of status to H-1B or whether you'll be required to leave the
    > USA, get an H-1B visa, and return on the visa. That will largely
    > depend on whether or not the USCIS believe you to be in status at
    > the moment. Your employer's attorney is best placed to comment on
    > this, but if you have some good evidence that you filed your
    > extension application properly before your original I-94 ran out,
    > and the H-1B application is made before the end of the extension
    > period that you requested for the B-1, then there shouldn't be any
    > problem. Worst case is you'll have to go home and get a visa.

my original duration of stay has ended on Feb 14, 2004, and I filed
for extension late January (the notice date on my receipt is Feb 3,
2004). also I requested to extend my stay till August 5, 2004. if we
start working on the application for H1B by mid July, how long would
it take to process my application if we use premium processing. will I
be able to know the decision on my H1B application before the begining
of August??

Thanks alot for your assistance.

best regards.

Chris

    >
    > It's your prospective employer who files for H-1B, and they can do
    > it any time. The only question is whether you will be granted a
    > change of status to H-1B or whether you'll be required to leave the
    > USA, get an H-1B visa, and return on the visa. That will largely
    > depend on whether or not the USCIS believe you to be in status at
    > the moment. Your employer's attorney is best placed to comment on
    > this, but if you have some good evidence that you filed your
    > extension application properly before your original I-94 ran out,
    > and the H-1B application is made before the end of the extension
    > period that you requested for the B-1, then there shouldn't be any
    > problem. Worst case is you'll have to go home and get a visa.

my original duration of stay has ended on Feb 14, 2004, and I filed
for extension late January (the notice date on my receipt is Feb 3,
2004). also I requested to extend my stay till August 5, 2004. if we
start working on the application for H1B by mid July, how long would
it take to process my application if we use premium processing. will I
be able to know the decision on my H1B application before the begining
of August??

Thanks alot for your assistance.

best regards.

cathy22w

Uh-oh..... does that mean you applied but were not necessarily granted the extension? Are you assuming they will extend your stay? You might run into some overstay problems here - unless I am missing something?

Chris

    > Uh-oh..... does that mean you applied but
    > were not necessarily granted the extension? Are you assuming they will
    > extend your stay? You might run into some overstay problems here -
    > unless I am missing something?

I applied for extension but they didn't give me a decision yet (the
case is still pending).

Chris

    > I applied for extension but they didn't give me a decision yet (the
    > case is still pending).


can anybody help me with this situation plz??

I really appreciate your help guys..

Chris

Sylvia Ottemoeller

"Chris" <[email protected]> wrote in message
news:[email protected]...

    > > It's your prospective employer who files for H-1B, and they can do
    > > it any time. The only question is whether you will be granted a
    > > change of status to H-1B or whether you'll be required to leave the
    > > USA, get an H-1B visa, and return on the visa. That will largely
    > > depend on whether or not the USCIS believe you to be in status at
    > > the moment. Your employer's attorney is best placed to comment on
    > > this, but if you have some good evidence that you filed your
    > > extension application properly before your original I-94 ran out,
    > > and the H-1B application is made before the end of the extension
    > > period that you requested for the B-1, then there shouldn't be any
    > > problem. Worst case is you'll have to go home and get a visa.

    > my original duration of stay has ended on Feb 14, 2004, and I filed
    > for extension late January (the notice date on my receipt is Feb 3,
    > 2004). also I requested to extend my stay till August 5, 2004. if we
    > start working on the application for H1B by mid July, how long would
    > it take to process my application if we use premium processing. will I
    > be able to know the decision on my H1B application before the begining
    > of August??

If you use premium processing, you will probably know the decision on the
H-1B petition before the beginning of August. Premium processing guarantees
an answer within 15 days, but the answer might be "give us more
information." The reply to such a request starts another 15-day deadline.

If the B extension is denied, then the period of time counting toward the 3
and 10 year bars will start from February 14, 2004. That means that on
August 14 or thereabouts you will turn into a pumpkin if you are still in
the U.S. (so to speak). Be sure to leave the U.S. well before that even if
you have not heard about the H-1B.

If you and the job qualify for H, the H-1B petition will be approved, even
if the change of status part of it is denied, and you can obtain an H-1B
visa, and re-enter the U.S. in H-1B status.