Can I apply now for a change of status if I am getting a job in a few months?

H-1B's can start to be filed in April, but the position will not be available to start work until October. Thus, based on your information, it is likely you will have to leave. *H-1B Specialty Occupation Visa. You qualify for what is known as the H-1B Specialty Occupation Visa. You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to your degree. Our firm can do the entire petition. Once we begin processing and get it filed, it normally takes about six to nine months to get the approval. Please note that H-1B's are very limited and are only available for small periods of time during the year. Therefore, Premium Processing discussed next should be used.

Unless you had H1 status in the past you may not apply for h1 until April 1 , 2012 due to thequotaissue. Then theearliestdate of your H1 validity will be October 1, 2012. if your b1 is longer than October 1, you can stay here waiting for the start date otherwise you will have to leave the US and come back with an H1 visa after September 20, 2012.

The earliest you can apply for H-1B status this year is April 1, 2012 with an October 1, 2012 start date. You must be able to maintain independent status until October 1, 2012 in order to change your status to H-1B without leaving the U.S. You otherwise must leave the U.S. and apply for an H-1B visa upon approval of your employer's H-1B petition before you can return late September 2012.