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B1 visa status while h1b is in progress


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#1 kalpvriksha

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Posted 09 April 2012 - 04:53 PM

My wife is currently on b1-visa in USA. An employer is interested in filing H1b for her. I have the following questions.
1. SHould we file COS (from B1 to H1) with the H1B visa application ?
2. Or Should we file only H1b visa application and have her go back to India , get the H1b stamped and come back?
in the 2nd option can she stay legally in US on B1 visa while H1B is getting processed (assuming that B1 1-94 is valid till the H1B is getting petiotioned.

any help appreciated !

thanks

#2 Attorney_23

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Posted 10 April 2012 - 12:14 PM

Ordinarily, if a foreign national is in valid B-1 status and a petition to change status is filed on her behalf, the individual's existing B1 status would not be impacted. Upon the expiration date listed on the I-94, the individual would generally fall into a period of authorized stay for a period of up to 240 days, or until the COS petition was adjudicated, whichever comes first.

Whether your wife should file for a COS or as a straight petition would depend upon the strength of the case, the need to travel, etc. You should schedule a consult with an experienced attorney to review the entire situation and provide you with specific advice.


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