Minimum number of days to wait before changing the status from B1 visa to H1B

[John2255]

Dear Immihelp,

I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.

Dear Immihelp, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John

[txh1b]

A person should not have intent to change status while on a B1/B2 visa. General word of mouth is 90 days. There is no rule or guideline for the wait time.

If a COS is filed in 15 days, your intent to change status might have existed at POE and if questioned, it will be hard to prove you did not have the intent when you entered.

Let them go ahead and file for a COS with PP. If approved, you can stay. If not, you can go, get a visa stamp and return.

If the I-94 was annotated no COS/EOS, it may not get approved.

[John2255]

Thank you very much for the prompt reply.

Forgot to mention following relevant past details

H1B non cap petition- June 2008
221 g at the consulate for the H1B petition since I didn't had the license.
Hospital withdrew the H1B petition in August 2008.

Now its a different hospital that agreed to file H1B

Kindly tell me the meaning of the terms COS/EOS and PP.

Thank you very much for your valuable advices.

[txh1b]

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