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how can I switch from B-2 to H-1 visa?
Attorneys please help. I am currently in US on a valid B-2 status. How do I change my status to H-1B and start working here in US? Is it possible, and what do I need to do?
Thanks!
User's Location:
Chicago, Illinois, United States of America
Category:
Temporary Visitor Visa (B)
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| A. |
While it is possible to change from B-2 to H-1B status in the U.S., CIS sometimes approved the underlying H-1B status but denies the change of status request and requires you to leave the U.S. and obtain an H-1B visa at a U.S. consulate. It is possible to obtain the change of status though from within the U.S.
The bigger issue with H-1Bs right now is the H-1B cap. There are no H-1B numbers available for most foreign nationals until a filing date of April 1, 2009 and a start date of October 1, 2009. Exceptions include nationals of Chile or Singapore and those who have oppportunities with H-1B cap exempt employers. In addition, citizens of Australia may apply for the E-3 and citizens of canada and Mexico may utilize NAFTA for a TN. There are also other possible exceptions if you have ever held H-1B status before.
An H-1B is for individuals coming temporarily to the United States to perform services in a specialty occupation and who meet the requirements for that specialty occupation. A 'specialty occupation' means an occupation that requires: (a) theoretical knowledge, and (b) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the US. The individual must have a job offer from a U.S. entity.
The H-1B is for individuals who possess a U.S. Bachelor's degree or its equivalent, and who are coming to the U.S. to fill a position that normally requires and individual to possess a U.S. Bachelor's degree or its equivalent. The two key requirements of an H-1B are to ensure that the individual qualifies, and to ensure that the proposed position in the U.S. qualifies as a "specialty occupation".
Again right now the big issue is that the H-1B cap has already been hit for the upcoming fiscal year. In order to change status from B-2 to H-1B right now, you will need to find an H-1B cap exempt employer. This usually means a college/university or a not for profit associated with a college/university.
If you are from Singapore, Chile, Australia, Canada or Mexico you may have other options other than the H-1B. If you have ever held H-1B status before, you also may have options to avoid the H-1B cap.
Regards,
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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