QUESTION
Can R type B1/B2 Visa be converted to an H1B Visa?
Asked on Jun 05th, 2013 on Immigration - New Jersey
More details to this question:
If so how long will it take to complete the process? What would be the maximum period allowed to remain in US holding B1/B2 Visa? Also whether spouse and children can stay with the main applicant for the allowed period?
3 ANSWERS
3 Awards
The B-1/2 Visitor can convert to H-1B (if an H-1B is available). The H-1B visas are not going to be available until October 1st 2014. The earliest start date for those H-1Bs will be April 1st 2014. However, if the H-1B is exempt from the cap then you may be able to apply now. We handle matters like this for our clients all of the time. It is important for our office to do an analysis of the options that are available for your family member and to list out for him/her the timing, best to worst scenarios and costs.
Answered on Jun 05th, 2013 at 10:13 PM
Yes, it is possible if there are H-1B visa numbers available. If you have not had a H-1B visa in the past 6 years, however, you would be subject to the annual H-1B quota and that quota has been reached already for the upcoming fiscal year. The earliest that a new H-1B visa petition could be filed would be April 1, 2014 for a start date of employment of no earlier than October 1, 2014, which is the start of the new fiscal year. This is unless your employment would be with a cap-exempt/quota-exempt employer.
Answered on Jun 05th, 2013 at 10:13 PM
Typically B-2 visa status can be converted to H-1b status, provided that the H-1b quota is still open. The H-1b quota for 2013 has already been exhausted, and therefore it is impossible to convert B-2 visa status to H-1b this year. The problem is also that B-2 can only be given a maximum of 6 months, and H-1b status takes more than 6 months to be approved and activated. This means that the B-2 visa status holder often will be required to fly back to home country and apply for the H-1b visa after the H-1b petition, submitted by the employer, is approved.
Answered on Jun 05th, 2013 at 10:13 PM