Becoming a Worker from a Visitor while in the US

[mickey_mouse]

Hi Mickey Mouse,
So, you are suggesting that changing the visa while in USA is a No No? I fail to get the deal. Agreed she entered on a different visa but she wants to change now and she has someone to sponsor her legitimately.
Why is it such a big deal if she ENTERED as a tourist and now wants to SWITCH.
Anyhow, what you are suggesting is that she should NOT do the switch from US and should apply for it from her home country, correct?
~Natalie

No. What I'm saying is that she can certainly apply for the COS from B1 to H1B - she has 50/50 chances of the COS being denied. I understand she is legally present in the US, and I also understand that she has an employer that is willing to sponsor her. What I'm trying to tell you is that she came to the US on a B1 visa, and when asked @ POE, she probably said she was coming for a meeting, or to visit friends, or whatever - which is AOK as that is the purpose of a B1/B2 visa. But then she changed her mind ? It is "a big deal" for USCIS

Yes, my suggestion would be for her employer to sponsor her for the H1B visa - and then for her to go back to her country and apply for the H1B visa there.

I understand Mr Peace disagrees with me. To that, let me say:

a) Mr Peace is a relatively recent member of this forum. While she has indeed answered many more questions than I have, I'm not sure he has the appropriate experience level.
b) take a look at http://www.immihelp.com/forum/showth...lar-processing - specially the answer from Shervin143, a member with 10K+ posts on this forum.
c) do a Google search for "COS B1 H1B"
d) post the question on the H1B section

Good luck to your friend.

[happybuddha]

All visas are category based. There is intent behind every class of visa. What was her stated intent when she entered US.
Imagine this, you are USCIS and allow every tom who ENTERED US on B1 to SWITCH to H1. Then what do you think the problems could be ? If you can answer that question, you would have answered your original question. Such COS are thoroughly investigated. Even if your friend is able to get a successful COS, in future she is going to have to answer a lot of questions every time she enters US. I believe this may also raise an eyebrow during GC processing.

[Nattybone]

Hi Peace999, Happy buddha, and Mickey Mouse,

Ok. We have set up a meeting with her employer's attorney and are going to take legal opinion on the matter too.

To provide more clarity:
a) She is happy to stay in US and not leave till she gets the Green Card (She is willing to work on maintaining her H1B visa status till she gets her Green Card)
b) She entered US end of last week, so we will also check if timeline is a consideration for her to apply for a visa change

c) As far as i am concerned, i prefer to play safe. However, if she is ok not going back to S Korea and the stated problem repeatedly has been i) when she re-enters US on this visa or ii) she appears before a consulate officer for a visa.

If, i) She is ok not leaving the US for as long as she can, legally - The question of re-entering / leaving US and re-appearing before a visa officer does not arise.

In the light of these statements, if you can please help with your opinions.

All your opinions and suggestions have been very very helpful.

Thanks a bunch Peace999, Mickey Mouse, and Happy Buddha.

Best,
~Natalie

[idrismca]

b1 to h1 30-60-90 rule

I completely agree with mickey mouse...
I myself went through something very similar. I hired an immigration lawyer too. I wanted to get married and conveet from b1 to h4 but the lawyer told us that theres a 30-60-90 day rule. If u apply for a change of status (b1 to h1, etc) within the first 30 days of enetering the country then its considered a fraud and your visa will be rejected immediately as your intent to enter this country was never for business or pleasure but for h1, etc. If u transfer within first 60 days still they consider it a red flag but dont reject it immediately. .. within 60 to 90 days its considered a warning sign... they will check everything very thoroughly. .. after 90 days its considered safe technically... but the lawyer suggested that even after 90 days it might be under scrutiny... so what I did was got married n went back to my country n applied for h4 from there.... n u won't believe they still scrutinized my case for 4 months.... and called me 3 times at consulate for interview and the last time they questioned me for 3 hours, they revoked my b1 visa, threatened me that I wont be able to enter US ever again if I entered the country with wrong intent... n a month later they finally gave me my h4. so these are my personal opinions and experience ... my suggestion is please contact an immigration lawyer... Though it would cost money but you will get proper advice.