QUESTION

How can I get H1b visa?

Asked on Sep 03rd, 2012 on Immigration - California
More details to this question:
I have my B1 visa and I will visit USA in February 2013. If I get a job offer there, heard that I can be sponsored for H1 in April 2013. As I get the working status in October, can I stay in US until that time? What I heard is if I come to my home country, I should go for an interview again. Please clarify.
Report Abuse

7 ANSWERS

Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
Update Your Profile
Yes.
Answered on May 28th, 2013 at 8:55 PM

Report Abuse
Immigration and Naturalization Attorney serving San Diego, CA
3 Awards
You are correct that the earliest you can apply for an H-1B is April 1, 2013 for an October 1, 2013 start date. You would need to maintain a nonimmigrant status until October 1 or return home and get an H visa to return once the Petition is approved.
Answered on Sep 12th, 2012 at 2:55 PM

Report Abuse
Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
Update Your Profile
If H-1B's are available, and you are in status, you can apply for a change of status. Otherwise, you must leave and do a visa interview at the Consulate.
Answered on Sep 12th, 2012 at 2:55 PM

Report Abuse
If you enter in February 2013, the maximum you will be permitted to remain in the US will be 6 months, which will only take you to August 2013. If a H-1B visa petition on your behalf will be filed and approved, the earliest it can take effect would be October 1, 2013. Therefore, as such, you would not be able to remain here to start the H-1B. The only way you might be able to do it is if you strategize the timing of an extension of your B1 with the timing of your H-1B visa petition. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Sep 12th, 2012 at 2:54 PM

Report Abuse
Rebecca T White
You will need to either have your visitor status valid through October or plan to leave and then reenter on the H-1b visa in October.
Answered on Sep 12th, 2012 at 2:54 PM

Report Abuse
Thomas J. Rosser
Potential employer would file for your H-1B as of April 1, 2013 for work authorization to begin no earlier than October 1, 2013 (The first day of the 2014 USCIS Fiscal Year). You should return to your home country upon the current expiration of your B-1 and consular process for the actual issuance of the H-1B once your potential employer and the attorney processing you for the H-1B have received the I-797 Approval Notice on your behalf and the approval has been reflected in the US Department of State's PIMS system (electronic notification database used by all consular posts worldwide). You will be authorized to re-enter the US in H status no earlier than ten days before the October 1, 2013 "start date" reflected in the visa stamp in your passport once you have completed the consular processing for the non-immigrant visa at the home country post you have designated.
Answered on Sep 12th, 2012 at 2:53 PM

Report Abuse
Changing status from visitor visa to H-1B requires that you have valid status as of the time of filing and as of the requested start date. The earliest date you can start working for fiscal year 2014 is October 1, 2013 and the earliest the H-1B petition can be filed is 6 months from that date or April 1, 2013. If you are coming here as a visitor, the longest authorized stay you are likely to get is 6 months. This means that if you will enter in February 2013, you may not have a valid status by October 1, 2013. If your I-94 will expire before October 1, 2013 or any requested start date after that, then you will not be eligible to request for change of status to H-1B. However, the petition may be filed with a request for consular processing so you may apply for your visa at a U.S. consulate abroad. -
Answered on Sep 07th, 2012 at 4:21 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters