B1 extended (still in eval. pr.) to H-1B

[mykan]

Good Morning,
I need some help because I’m in a very not ordinary situation… maybe there is someone with experience in a case similar to mine.

That is my situation.
I’m in the United States with a B1 Visa. My status is expired few days ago but I’ve extended it with an I-539 form. I’ve filed it 50 days ago but I do not have still a response and if I check on line the status of my application, it is still in evaluation. I’ve the official receipt from USCIS that the application has been received.
Now I have a job offer from a Company and also they are willing to sponsor me for a change of status, B1 (my actual) to H-1B.
Does anyone know for sure if I can apply for a H-1B with my actual situation?

Thanks a lot.

[sk4ih]

You can apply for H1, but not with Change of Status, as you don't have any status now.
Once your H1 is approved you can enter US with H1 visa OR if your B1 extn is approved by that time, you can do COS from B1 to H1.

[mykan]

Thanks sk4ih for your reply.

I’m currently living in US … so that could be a problem. Also do you know if there is a deadline to apply for the H1? Is this month the last to send an application?

[sk4ih]

You can still apply for new H1 this year.