B2 to H1b

[nsk]

Hi,
First i would like to say thank to this forum, i always gets help from immhelp forum.

Please help me , I am here in US on B 2 visa right now n entry is valid till Oct 9,2014.
My questions are when my employer can file my h1 petition as i heard that he can only file application from 1 oct till sept 30, in my case , am i be on safe side to apply for h1b before oct 10 , as my entry ends at Oct 10.

Can i also apply for f1 on safe side too.

Thanks.

[raghvi]

Hi,
First i would like to say thank to this forum, i always gets help from immhelp forum.

Please help me , I am here in US on B 2 visa right now n entry is valid till Oct 9,2014.
My questions are when my employer can file my h1 petition as i heard that he can only file application from 1 oct till sept 30, in my case , am i be on safe side to apply for h1b before oct 10 , as my entry ends at Oct 10.

Can i also apply for f1 on safe side too.

Thanks.

Cap exempt H1 can be filed anytime, but cap subject H1s are closed for this year.

H1 cap is already over, if your employer didnt file Cap Subject H1 in April 2014 then you cannot file one now.

This is my opinion not legal advice.

[Nattybone]

Hello, NSK.

I know someone personally, who had exactly the same scenario as yours. Your post does not provide information on whether you already have an H1B or not.

If you already have an H1B, which is now inactive, here are the answers for you:
Let's say you were granted an H1B in 2010, and you used it a little or did not use it at all but you have an approved H1B, now you could file for a COS (Change of Status) from B2 to H1B, if you have an employer / sponsor. For people who already have an H1B, a sponsor need not file for transfer / recapture of H1B on April 1. As the H1B is already there, one can file for H1B recapture / revival any time.

So, if you entered USA on, let's say, April 9 and are allowed entry till Oct 9, you could (after waiting for 45 days - 60 days from entering USA) file a COS to H1B. If it is approved, you could without having to leave USA, switch to H1 and start working. If it is an existing H1B, then October month as beginning date does not apply to you. Because October would have applied to the year in which your visa was approved.

If your H1B was approved this year and post which you entered on B2 - You could be able to switch to H1B from B2 without leaving USA. I must add that this practice of switching from B2 to H1 is generally frowned upon by the USCIS and has some risk element to it, but there is a chance of approval.

If you do not already have an H1B:
If your H1B was filed and selected in the draw for this year 2014, then the mention in the section above should answer. If you do not have an H1B petition at all, then i am afraid, you will not be able to make this work.

Fresh H1Bs are filed on April 1, each year. Those selected in the draw are given approval to work from October 1 onwards. So, if you have not already filed for H1B, you cannot do it now - this year. It will have to filed next year in April 2015.

As regards F1:
You could try this. Kindly bear in mind that you should have a valid status in USA when your educational program under F1 begins. E.g.: If your MBA / MS etc. program begins on a date when your I-94 is valid, it is ok. You are allowed to stay for 30 days in USA post expiry of I94, while switching to F1. i.e.: Your educational program could begin November 9, latest, and you will be allowed to switch status from B2 to F1. At least, technically. They might reject your petition on any ground but technically you would be meeting the requirement. However, for safety sake, please try to switch when you are still in a legal status in USA. So, your education program should begin by October 10, to be safe.

For this, you will have to obtain I-20 from a University, pay Sevis Fee etc. and file for petition to switch to F1.

In principle, these COS (Change of Status) petitions on B2 are not looked at nicely. When you enter USA, they ask for your intent to enter - you would have mentioned holidays etc. By filing a COS, you are acting in contravention to what you told the Immigration Officer at the Port of Entry (POE). Of course, no one knows whether the intent was always to change status, or the intent appeared later. But, if it becomes obvious that someone entered USA to Change Status then the USCIS can and does deny petitions. E.g.: Someone entering USA on B2 says his intent is holidaying, and upon entering, 1 week later files for a COS to F1 or H1 etc. then the whole plot looks suspicious to USCIS, and they might deny.

You could file for both H1 and F1, and decide later on which one to pursue.

Wishing you luck.

Cheers,

Hi,
First i would like to say thank to this forum, i always gets help from immhelp forum.

Please help me , I am here in US on B 2 visa right now n entry is valid till Oct 9,2014.
My questions are when my employer can file my h1 petition as i heard that he can only file application from 1 oct till sept 30, in my case , am i be on safe side to apply for h1b before oct 10 , as my entry ends at Oct 10.

Can i also apply for f1 on safe side too.

Thanks.

[nsk]

Thanks guys , u have provide very help full information but still i m confused please help me further .

I am here in US on B2 multiple visa valid till next year april 2015 , and i got entry to live here till oct 10 on my current visit.
do i need to leave US before Oct 10 i.e expiration of my I94, or it is good for me to apply for COS from b2 to h1 in this current visit , let say after 90 days jn jun 15 , 2014 my employee do file for me so that i can legally stay here in US n wait for any decision on my COS application.