B1/B2 to H1B COS

[arjstere]

Hi - My company has applied for an H1B petition (approved I140), cap-exempt with the request for action as Change of Status and H1B extension. I am on a B1/B2 visa, and my I797 petition got approved, along with a new I94 that is valid for another three years and an H1B class. Do I need to leave the country to get the visa stamp before I can start employment or am I eligible to start employment without leaving the US?

Please advise.

[newacct]

If your Change of Status got approved (i.e. you got an I-797A with a new I-94), then you will be in H1b status as of the start date of that I-94, and you can work for the company that petitioned you for H1b. Visas are only for entry. You do not need an H1b visa unless you leave the US and wish to re-enter in H1b status.

[HFM1919]

Somebody lied to our border folks about the true purpose of their visit.

[rkk09]

Hi - My company has applied for an H1B petition (approved I140), cap-exempt with the request for action as Change of Status and H1B extension. I am on a B1/B2 visa, and my I797 petition got approved, along with a new I94 that is valid for another three years and an H1B class. Do I need to leave the country to get the visa stamp before I can start employment or am I eligible to start employment without leaving the US?

Please advise.

Hi,
You dont require H1B stamping for now as your change of status got approved while you are in the USA. You will be on H1B status the day that mentioned on H1B Approval notice. If you have any travel plan for abroad, that time you need to consider for visa stamping.
Thanks