QUESTION
Can I change my b1/b2 visa to h-1b or O-1 while I'm in the United States?
Asked on Mar 15th, 2013 on Immigration - New Jersey
More details to this question:
I want to open a company and hire myself and my company will sponsor my visa. Will I able to leave and get back to the USA if I changed visa type in the US? Thanks a lot.
2 ANSWERS
You will not be able to sponsor yourself even if you form your own company unless your company will be able to show financial ability to pay you a prevailing wage and the job for which your company would hire. You would need to be a specialty occupation requiring at least a bachelor's degree which you need to have.
Answered on Mar 15th, 2013 at 1:57 PM
3 Awards
There are many nuances to the information you seek and it is a good idea for you to consider enlisting the services of a qualified immigration lawyer or legal counselor. Our office assists with matters of this nature on a regular basis. You may be able to change or extend your status in the U.S. The O-1 is difficult to obtain unless you have the appropriate background. The same is true for the H-1B. Please note that if you have a cap case then the H-1B needs to be applied for as close to April 1st as possible.
Answered on Mar 15th, 2013 at 10:35 AM