From visitor visa to working visa, need help!

[Brendon Cheung]

Hi there,

I currently have a b1/b2 visa which expires on 23 June and I am going to US for a job interview and if successful, my company is willing to file a H1B petition for me around March (hopefully before 1st April). My question is: Can my company file my petition while I'm under a b1/b2 visa?

Also, my job will start in around October, is it possible for me to apply for an extension and stay until September. I understand that I will need to return to my home country once my petition is approved.

Thank you

[shervin143]

First of all entering U.S in B1/B2 to give job interviews or in search of jobs i a complete violation of B1/B2 regulations. If figured out, they will deport you and it will have big implications on your future petitions. Filing a COS from B1/B2 to h1B is a big NO. There are multiple posts in immihelp that talks about why it is not a good idea. Search and read them. That being said, the employer can file the H1B for consular process. Meaning, to work for the employer, upon approval of the petition, you need to get the H1B visa stamped and enter U.S in H1B visa.

B1/B2 extension can be field while you are in U.S. But it will take about 6 months to get a decision. If they deny your petition after 6 months, then all the time that you spent in U.S post your initial I-94 expiry date will be treated as illegal stay. So it is up to you to decide whether to take that risk or not.