B2 to H1

[sa2006]

Hi,

my sister-n-law is on B2 right now in USA. she wants to apply for a job (preferably non-profit organization) and transfer to h1.

anyone with experience? any issues? what are the procedures?

Thank you.

[knowledgeable]

ap.org or associated press

these type of organizations are non-profit ones and they'll do the paper work for you

[sa2006]

hi
thank you for your emails. first of all, just so you know, she is not trying to abuse it. she is here with her kids. however, she also wants to stay here w/my mom. she has been here before but did not stay illegally byond her legal time.
It is not illegal to apply for Change of Status and i have looked at USCIS website.

[kewlclassic]

.. nice answer from chennai_123

[orion]

I have seen a few who got their H1 by COS from B1/B2. But after getting the COS done, they are scared to leave US as they will need a new visa stamp and there are high chances for the consulate to reject the case. This is because the B1/B2 visa holder betrays the consulate's confidence to maintain intent of "visit" and return back to home country after the visit.

These people wait endlessly (for years together) to get their green cards to visit their home country for a mere few days!

Also, due to exactly this kind of abuse (yes, this is an abuse, did not you fill in DS-156 form that you are NOT going to US to work or study?) elderly parents and others genuine visitors face problems in getting a visitor's visa.

The choice is yours.