Change of Status from B1 to H1B

A Start-To-Finish Guide: B-2 to H1B Change of Status 

It can be difficult for non-U.S. foreign workers to locate a sponsoring US company. Many prospective employees ask how to change from B1/B2 visa holder to H-1B from within the US. Can you opt for a B1/B2 to H-1B Change of Status and stay in the US legally? For in-depth coverage on this topic read our visa guides and updated US immigration news on the Techfetch H1B website.

Here is a short discussion on this question.

An Overview of the B2 Visa

This non-immigrant visa for foreign visitors to the US is valid for 3 to 6 month periods. If your country is a Visa Waiver Program participant, you won't need a visa to remain in the country legally for a maximum of 90 days. You need a B-2 visa otherwise. Foreigners can stay in the US for a six-month period on B1 and B2 visas, but only if they show good cause.

While B1 visa applicants travel to the US for business, B2 applicants can only come for

• Trip

• Tour of the United States.

• See family

• Party

• Treatment

• Participate in sports or musical activities without remuneration.

• Non-credit courses

• B2 Requirements

The B2 visa involves multiple stages and paperwork. List of requirements for the B2

• DS-160 submitted online

• Passport validated at least six months before leaving the United States.

• Recent photograph that complies with DOS standards.

• Valid Address

• A registered email where you will receive the confirmation page.

• Printed copy of the confirmation page for your interview

• Payment receipt confirming that you made the necessary payment

Summary of the H1B

The H1B visa program is for US companies looking to hire non-immigrants in specialty vocations or as fashion models. A foreign worker must qualify for specialty occupation with a bachelor's degree or higher to obtain the H-1B visa. Immigration laws in America protect US employees from unfair competition from non-immigrant labor.

US-based businesses must certify that they will pay prospective H-1B non-immigrant workers the same as other workers who are similarly qualified for the job or the local prevailing wage paid for the occupation, whichever is greater.

H1B Benefits

The easy-to-follow requirements of H-1B make it suitable for immigrating to the US and applying for a six-year extension. The recipient can apply for their green card after being physically present in the US for six years. Your unmarried children under the age of 21 and your spouse can apply for H-4 non-immigrant status with your H-1B visa.

H1B eligibility

H1B applicants must:

• Have specialized employment offer from a US employer.

• Have a minimum of Bachelor's degree.

You must prove that a working relationship as employer and employee has been established and you cannot apply for yourself. Immigrants can apply to change status from B-2 to H-1B if they have legitimate status, although problems can arise.

What to Expect When Applying for Status Change

Your H1B status change will begin on October 1 if your petition is chosen in the H1B lottery. You must now maintain your status from first entry through October 1 before applying to convert from B2 status to H1B.

Also, the employee cannot start working with your H-1B sponsor until October 1 and until his US company receives an LCA. According to the I-94, he must change his status before his B-2 expiry to keep it. If you can't keep your valid status until October 1, when H-1B is activated, submit an H-1B consular petition.

As long as you have B2 status, you need to find a company that is ready to offer you employment and sponsor your H1B visa. Next, you must leave the US before your B2 expires. The sponsoring company will submit your petition in the H-1B lottery while you are abroad and apply for re-entry.

Once your petition is selected, you will have to go to the American embassy in your country for consular processing of your H-1B visa before returning to the US with the H-1B status.

Only 85,000 general H-1B opportunities (20,000 reserved for holders of master's or higher degree from a US university). Your advanced degree is your only chance. USCIS will initially choose 20,000 applicants from the master limit applications, with the remainder being returned into the lottery and the normal maximum of 65,000.

USCIS Processing

USCIS processes your petition to determine if it meets the criteria for H-1B. If approved, your status changes on October 1. Premium processing can speed up request processing. H-1B, I-129 and I-140 applications are processed in 15 days. But, because of stringent filing and start dates, premium processing may not be the best option.

Conclusion

The best tenet you can adopt for getting through the US immigration process is, "When in doubt, consult an expert!" But, for research purposes, there is more in-depth coverage of B2 to H-1B Change of Status on the Techfetch H1B website.

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