QUESTION
What should I do regarding the H1/H4/B1 Visa?
Asked on Mar 05th, 2011 on Immigration - California
More details to this question:
My family went to USA in a B1/B2 visa. While in USA, I found an employer and they applied for a change of status for myself from B1/B2 to H1. After receiving my I797 notice of approval for class H1 and a new I-94 which permits me to work in USA for 3 years, I applied for H4 for my family (still pending). Until now, the H1 visa has not been stamped in my passport.Question:1. Can I have the visa stamped in my passport while inside USA? 2. If "NO", can I apply for a social security using I-797 and the 3 years extended i-94?3. Will i receive a visa while in USA?4. If I leave USA, can I enter USA using B1/B2 visa or has it been cancelled already?5. If I find a new job/employer, can I transfer the I797 NOA-H1 sponsorship? How?6. If "YES" should I apply for a new H4 for my family?TNX
1 ANSWER
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
1. No. Visas can only be issued by a consulate outside the U.S. In your case, it would have to be the consulate in your home country. You have to personally appear at the consulate interview and pick up your visa.
2. Yes, you can apply for a SSN using the approval notice and new I-94 indicating you have H1B status.
3. No. See No. 1.
4. No. You must obtain an H1B visa to re-enter the U.S. If you did enter using your B1/B2 visa you would be committing fraud. Also, it would invalidate your H1B status since you would have entered as a visitor and not an H1B.
5. Your new employer has to file an I-129F petition requesting a change of employers. Under H1B Portability, you are legally able to start working for the new employer once the petition is filed with USCIS, you do not have to wait for it to approved.
6. If you change employers before your family receives their H4 visas, you will have to provide new supporting documents to the consulate.
Answered on Mar 08th, 2011 at 11:30 AM