Exchange from B2 to H1B status while B2 extension is pending

[qimemadhi]

My B2 visa period ended in April.

I filed for extension in march and now I am awaiting the proceesing. In mean time I found a job and my offering institution filed in my behalf for H1B with premium processing. (takes aproximately 2 weeks to be processed)

If the H1B is processed before the B2 and i get approved and after a wile i get denied the B2 extension what happens with my H1B status ? Do they terminate my B2 application automatically or they will process separately. Anyone has any opiion or experience in this situation?

Thank you!!

[sangeetaL]

You should travel back to your country.

hi qimemadhi

It is most likely that you will have to travel back to your country for H1 Stamping.
here is why,

1. Even if your H1 gets selected in lottery, you will not be able to work on it until October 1st,
2. Since you had filed for extension of your B2, i doubt the company filing your H1 could do a change of status.
3. If you get a denial on your B2 extension. you will be in a more awkward position during your H1 Interview.

The only way all this might work out positive for you is that you get 1 year B2 extension. (which is highly doubtful) and then the employer files for change of status.

My suggestion... if your H1B premium has been selected in lottery and you have got your approval ..travel back to your country and get h1 stamping to come back in October !!

Regards
SangeetaL

My B2 visa period ended in April.

I filed for extension in march and now I am awaiting the proceesing. In mean time I found a job and my offering institution filed in my behalf for H1B with premium processing. (takes aproximately 2 weeks to be processed)

If the H1B is processed before the B2 and i get approved and after a wile i get denied the B2 extension what happens with my H1B status ? Do they terminate my B2 application automatically or they will process separately. Anyone has any opiion or experience in this situation?

Thank you!!

[qimemadhi]

Thank you!

hi qimemadhi

It is most likely that you will have to travel back to your country for H1 Stamping.
here is why,

1. Even if your H1 gets selected in lottery, you will not be able to work on it until October 1st,
2. Since you had filed for extension of your B2, i doubt the company filing your H1 could do a change of status.
3. If you get a denial on your B2 extension. you will be in a more awkward position during your H1 Interview.

The only way all this might work out positive for you is that you get 1 year B2 extension. (which is highly doubtful) and then the employer files for change of status.

My suggestion... if your H1B premium has been selected in lottery and you have got your approval ..travel back to your country and get h1 stamping to come back in October !!

Regards
SangeetaL

Thank you Sangeetal. I aplied for H1B not related to lottary and i would be starting imediately if/when approved. Do you think that changes anything ??

[peace999]

* An approved H1b petition does not mean you will be in H1b status. You will have to apply for change to H1b separately.
*Since your B2 expired in april, you cannot apply for any change of status to H1b.
*If your B2 extension is approved, which will take another 2-3 months , then you can apply for change to H1b.
*If your B2 ext is denied, you will have to run home with a void B2 visa.

So, the bottom line is; go home once you get an approval of H1b petition and apply for an H1b visa there.