QUESTION

Is it good time to change my status to h1b and if I filed for h1b and it got rejected in case, then will they cancel my 10 years visitor visa too?

Asked on Nov 14th, 2013 on Immigration - California
More details to this question:
I came on October 21, 2013 and Iโ€™m on b2 visa.
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3 ANSWERS

Adebola O. Asekun
Although, the embassy may have issued you a 10 year multiple entry visa, please note that each time you appear at the US port of entry, you are making an application for permission to enter. The border inspector will grant you entry to stay for no more than 6 months. The actual date of your departure and after which, you fall out of status is on the I-94 (white card) stamped to your passport. If you have been in the US past that day, and you did not obtain an extension from CIS, then, it is more likely than not that, despite the 10 year visa, you may have fallen out of status and hence, that your 10 year visa has become void automatically as a matter of law. The issues are too complicated to explain in this forum and as such, you need to have a sit down with an experienced immigration attorney and who must review all your documents before such attorney can prescribe a possible course of action, if that is still possible under these circumstances.
Answered on Nov 19th, 2013 at 9:30 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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It depends on your situation (prior H1B)l but if you are planning to apply for it for the first time, you need to wait until April 1, 2014. Looks like you will need to leave the country.
Answered on Nov 19th, 2013 at 6:01 PM

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Immigration and Naturalization Attorney serving San Diego, CA
3 Awards
Unless you have already been counted against the quota you cannot re-file for H-1B until April 1, 2014 for an October 1 start date and your I-94 will likely be expired long before then.
Answered on Nov 19th, 2013 at 5:40 PM

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