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Hi, I have come here on B1 visa with i94 expiring in next 10 days. I have a H1B petition approved and have found a job inline with the H1B guidelines. My H1B sponsor-er is willing to apply for a change of status from B1 to H1. Can you help me in understanding if i can legally remain in the country until decision on COS application is received. Or should i exit as soon as my i94(B1) expires.
1 ANSWER
You may remain in the United States while a change of status is pending assuming the request was filed prior to the expiration of your current status. However, you cannot begin to work until the change of status request has been approved. There is also a risk of accruing unlawful presence of the change of status request is denied. You should consider speaking to the employer's attorney to make sure it is even feasible to get the H-1B petition filed within the ten days you have remaining in your authorized stay. You can read more about H-1B at http://myattorneyusa.com/work-visas.
Answered on May 20th, 2016 at 3:25 PM