Bansurinaik Posted June 9, 2020 Report Share Posted June 9, 2020 My name has been picked in this year's H1B lottery and the sponsoring company is submitting documents before 30th June(deadline to submit petition). My spouse is working and the kid is going to school in the USA. In the last two years, I have visited the USA on B2 visa thrice and have stayed for a 1 month to 4 months duration. I am planning to visit the USA this month-end and the sponsoring company's attorney told me that they can file the H1b Petition as change of status provided I am in the USA on the 30th of June. I wanted to know if this is correct and should I expect any issue in the visa processing or future visa stamping. What is the alternate suggestion? Quote Link to comment
gopalakrishnach Posted June 10, 2020 Report Share Posted June 10, 2020 I feel you are good and might not face any issues... Quote Link to comment
JoeF Posted June 11, 2020 Report Share Posted June 11, 2020 It is rather problematic, since entering in one status and within a short time filing to change status can be seen as immigration fraud, hiding the intent to change status at the time of entering. Quote Link to comment
User099 Posted June 11, 2020 Report Share Posted June 11, 2020 Technically your attorney is right, but its not advisable to file for a COS from B2 to H1 for at least 90 days after entering US. It will be treated as misrepresentation at POE when you entered on B2. Quote Link to comment
gopalakrishnach Posted June 11, 2020 Report Share Posted June 11, 2020 B2 to H1B if you give sometime I guess it is not wrong but you convert in less time then it might be issues. Quote Link to comment
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