QUESTION

HIB transferred into B2, intended to transfer back into HIB

Asked on Aug 25th, 2016 on Immigration - Texas
More details to this question:
HI , My cap-exempt HIB was terminated from July, a B2 visa was approved in June, ends in December, now I have already found a lab that is willing to offer me a position. but the university international office is concerne d about this B2 visa type, he said it is risky to transfer from B2 to HIB. Could you please tell me the possibility of this future transfer? and how long it will take under my current circumstance? I am single with a 14 year old kid born in America, it is almost impossible to get her into Chinese educational system by now, I am wondering whether I should leave her to a foster family for high school study thanks
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1 ANSWER

Changing status back to H-1B is risky. The reason being is it is inappropriate to use B-2 status to remain in the U.S. while looking for a new job. B-2 is a visitor visa not a placeholder. It is made even more risky because you likely did not indicate you would be looking for another job. You may be able to obtain a new H-1B through consular processing. Changing your status can take months. Obtaining a new visa through consular processing is typically faster. Have you discussed consular processing with the university's attorney? Without more specific information, it is impossible to assess other and future immigration benefits. 
Answered on Aug 29th, 2016 at 3:46 AM

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