QUESTION

I'm a 26 years old girl, I have B2 visa and I’m in the US now can I admit for a job and get H1 visa?

Asked on Jul 27th, 2013 on Immigration - New York
More details to this question:
If so, can I bring my husband to the US too when I get H1 visa? Thanks.
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4 ANSWERS

Adebola O. Asekun
If you find a US employer willing to file a Form I-129 for you, and you are qualified for the job offered, then you can change status from B2 to H1B. The change of status to H1b must be filed before your B2 visa expires. If you successfully change status to H1B, you may file for H-4 B dependent for your spouse and all children under 21 years.
Answered on Aug 02nd, 2013 at 10:02 PM

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You don't just get a H-1B visa. In order to qualify for a H-1B visa, you have to be offered a job that qualifies for a H-1B visa by a US employer. The employer then needs to submit a petition on your behalf to USCIS and that petition has to be approved. Only if and once it is approved, can you either apply for a H-1B visa abroad at a US Consulate or, if you are in the US in valid status at the time of filing for the petition, can change your status from B-2 to H-1B within the US. IF you then become married, your spouse can also qualify for a dependent H-4 visa which will allow him to remain in the US with you but will not permit him to work.
Answered on Aug 02nd, 2013 at 10:02 PM

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If you have, at least, a bachelor's degree and an employer who needs you for a position that requires a worker with a higher education, and is willing to file a visa petition for you and pay $1575 to the government for the application, then you can start working on the application package to have it ready by end of March 2014 (all H1 visas for this year are used up; you have to wait for the next year's quota). If you receive an H1 visa, your husband will be able to come to the U.S. on a H4 visa, but he will not have work authorization. It is important for you stay in the U.S. only if you can do so legally, through an extension of your current B2 status or through a change another status; if you overstay your admission, you will become ineligible for an H1 visa.
Answered on Aug 02nd, 2013 at 10:02 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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Most likely you need to leave the US to get h1b visa, but there is not enlighten information to advise you.
Answered on Aug 02nd, 2013 at 10:02 PM

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