B-2 to H-1B - How to Maintain Status

Faced with the challenge of finding an H-1B sponsor abroad, people often ask how to make the B-2 to H-1B change of status, or B-1 to H-1B COS while still in the country. B-1 and B-2 are non-immigrant visas for short-term visitors to the US. This article discusses the topic briefly. For more detailed information, visit the Techfetch H1B website and explore our in-depth guides, descriptive articles, H1B checklists, updated US immigration news, and more.

Summary of B-1, B-2, and H1B visas

A B-1 visa is a temporary business visit visa issued to those conducting commercial or professional business in America. A B-2 visa is provided to anyone visiting the US for pleasure, vacation, or leisure. Including extensions, the maximum period a visitor can reside in US territory is one year. One-year extensions are more difficult to obtain and involve more paperwork than the initial B-1 or B-2 file.

B-1 and B-2 visa holders cannot work in the country or earn credit for domestic studies. If all the requirements are met, an employer can apply to convert them to H-1B status.

H-1B visa requirements

The H-1B visa provides several employment-based benefits. It has easy to meet criteria, can be extended, and is highly portable. You can work full-time or part-time, change jobs, and work for different companies.

The prerequisites seem easy. They include:

• Having a specialized job offer from the US

• A minimum of a Bachelor's degree suited to the position

• A verified and legitimate employer-employee connection between you and an employer company, meaning you cannot apply for yourself or be your own employer.

• You must also prove that your job requires a specialization and a degree.

How Change From B-1/B-2 to H-1B Works

Switching from B-2 to H-1B is feasible, however, there are certain complications.

First, if an H-1B visa is not available now, you will likely have to wait until April of the following year to apply. The lottery normally starts on April 1st and lasts one week. If the person has H-1B status or a cap-exempt employer files the petition, this issue does not apply. A person seeking an H-1B visa should ask their prospective employer or an immigration attorney if they are exempt from the cap.

Second, if the H-1B petition is accepted, H-1B status will not begin until October 1 of the same year. To transition from B-2 to H-1B or B-1 to H-1B, a person must maintain status from the time they enter the US through October 1. If you are filing a capped petition, your employer must file by April 1 and you cannot start work until October 1.

The US employer must file a Labor Condition Application on your behalf. Four certifications are required:

• Your prevailing wage is based on your location.

• Your hiring will not affect the jobs of current employees.

• The current staff knows they will be hired.

• No strike or lockout at work.

The H-1B lottery occurs every year. The lottery could be your biggest barrier to going from B-1/B-2 to H-1B. There are only 85,000 places available and 20,000 are for advanced degrees. Over 200,000 people have applied, so the odds are low.

Only a graduate degree can improve these odds. USCIS will initially select 20,000 master's degree holders. Those with advanced degrees who are not chosen will be entered into the normal 65,000-place lottery. If your request is chosen, you are not finished. USCIS will then assess whether you and your employer meet the criteria for the H-1B visa. If granted, your status changes on October 1.

How to maintain B-1/B-2 to H-1B status

The person must ensure B-2 or B-1 validity until October 1, because according to the I-94, you must change status before the existing expires. The applicant must also meet all state limitations, which means they can't work until October 1. If these things cannot be done, you should not seek the H-1B visa.

If the person cannot maintain status until October 1, when the H-1B becomes operational, the petition must be filed with consular processing. After securing a job while on valid B-1 or B-2 status, the person must leave the country.

The sponsoring company files the petition during the H-1B lottery with the employee abroad and requests re-entry. If the petition is successful in the lottery, the individual must obtain an H-1B visa stamp abroad before entering the US.

Stamping of H-1B visas for B1/B2 holders

The "stamping of B-2 to H-1B visas," as it is called, should happen before October 1. Foreigners can have multiple valid visas in their passports. Obtaining an H-1B stamp does not imply cancelling a B-1 or B-2 visa.

The H-1B stamp needs different documents and dates of entry than the B-1 or B-2. A valid passport, Form I-129, certified Labor Condition Application, letter of support from the petitioner, degree and transcripts, academic evaluation, letters of work experience, and a resume are required for the H-1B stamp.

Processing Update

The H-1B is eligible for premium processing, which expedites visas and green cards using I-129 and I-140 applications within 15 calendar days. But, because of the H1B's strict filing and start times, premium processing may not be the best way to switch from B-1/B-2 to H-1B. Ask your immigration attorney if B-2 to H-1B change of status is right for you.

Conclusion

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