QUESTION

Can a person change a visitor visa to H1B visa without going through counselor processing outside the country?

Asked on Mar 07th, 2013 on Immigration - Colorado
More details to this question:
The person was not yet in the United States when he filed for H1B visa. Can he start working now?
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4 ANSWERS

Adebola O. Asekun
An alien who has made entry into US under one non-immigrant visa may before the expiry of the period of stay change to another non-immigrant visa category, if so qualified. However, depending on the timing of such change, CIS may have concerns regarding your true intent when you entered in one visa category and then changed to another visa category. An H-1 b petition allows you to work under the terms of the H1b. However, you are permitted to work as an H1B non-immigrant work er only for the employer who filed the H1 b petition and then, only after the approval.
Answered on Mar 11th, 2013 at 8:13 PM

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Rebecca T White
Depending upon the specifics, a change of status request may be an option to consider.
Answered on Mar 08th, 2013 at 5:24 AM

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If he was not in the US when the H-1B was filed, then he was not in any status in the US so he cannot just come to the US and start working even if the petition is approved. He would have to go get a H-1B visa once the H-1B visa petition is approved and enter on that visa, thereby activating the H-1B status.
Answered on Mar 08th, 2013 at 12:36 AM

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The H1b petition must be filed by the employer, not the employee. Only after it is approved, can you apply at the US Consulate.
Answered on Mar 07th, 2013 at 8:21 PM

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