Can i convert my visa status from B1 or L2 to H1B

[toral]

Hi.

I am currently in USA, California on B1 visa. My same employer wants to file H1B for me. Can i change my status from B1 to H1B ??

Since my husband is also in USA on L1, i have a L2 visa too.

Can i convert my L2 to H1B ??

Can these things be done in USA itself without going back to india.

[kabkaba]

Yes, your current status is determined by your I-94. Having multiple Visas in the passport does not matter.

Your current status (B1) can be changed to H1 within the US, if your employer checks the change status box in the H1 petition. If approved the approval notice will have a new I-94 with H1 notation and period.

[shervin143]

Possible. However, it is strongly advisable not to apply a COS from B1/B2 to H1B. There are lot of consequences and you will end up answering a lot of questions when you go for visa stamping the next time. Also, the chances of a successful COS from B1 to H1B is very less.

However, your employer can file the H1B without requesting a change of status. That way, when the H1B gets approved, go back to your home country, get the H1B stamped and return back.

[toral]

in this case so can my employer apply H1B while i am on B1 in usa

i still have few que:

1) can my employer apply H1B while i am on B1 in usa and if H1B get approved, can i go back to india and get it stamped and come back again to usa ?

2) how much time will it take for my H1B to get approved ?? i have still 4 months time to stay in usa as per my B1's I-94 stamping.

[shervin143]

1) can my employer apply H1B while i am on B1 in usa and if H1B get approved, can i go back to india and get it stamped and come back again to usa ?
>>> Yes. That is exactly what I have mentioned in my previous reply. Make sure your employer files the H1B petition as a consular process and not as a change of status from B1.

2) how much time will it take for my H1B to get approved ?? i have still 4 months time to stay in usa as per my B1's I-94 stamping.
>>> 2-3 months by normal process and 15 days by premium.

[toral]

Thnx for your replies and one more que is we can file H1B now itself

Since H1B quota for this year 2010 is still empty and can we file it next week itself or they can be filed during specific time period only ??

[shervin143]

As long as the CAP remains open, you can file it anytime.

Since H1B quota for this year 2010 is still empty and can we file it next week itself or they can be filed during specific time period only ??