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B1 to H1B Status Change

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I came to US on B1 from India. I am an employee of software company in India and they sent me to USA on B1, now the same company is offering me H1B.

My Company has applied for status change (B1 to H1B) in premium processing. I got the receipt number too.

My B1 is expiring on Nov15th,

I need information on the below questions regarding my status change

1)what would be my status after 15th Nov if my H1B decision is pending with USCIC after 15th-Nov(After expiration of my B1 status).

2)Is it legal to stay here with my expired I-94 as my H1B decision is pending .

3)If I stay here after 15th Nov will that create any problems for me in future.

Appreciate your prompt response

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@Limeless...Im in the same boat as you...I came to the US on a B2 visa, after 4 months i found a job here and my employer filed H1b for me. My I-94 had expired on Nov 7th but my lawyer told me that i can stay here legally as long as my case is pending. Hopefully i'll get an approval but if i don't i have to leave the country right away..

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This is Raj.. My case is similar to you as well.. Can you please update me on ur status,,

I came to US in October 2011 and my i94 is valid till 6months.. april 2012..

Meanwhile My employer applied for h1b and got the receipt number last day...

My question here is.. If my H1B gets approved will I be getting the I94 along with my I797 or do I need to reenter again..

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@ priya

it depends on your h1b start date. If h1b start date is later than your current I 94 expiry date, then your change of status won't be approved and you might have to leave the country and re enter with new visa.

In your case like you said your current I 94 is expiring on April 2012 and if your h1b start date is Oct 1, 2012 then you will be out of status after april 2012 if your COS is not approved. In that case it is better to apply with premium processing which will give you a better and earlier idea about your approval status .

My case is also the same. I entered in Nov 2011 on b1 visa and applied for new h1b in dec. ( Mine is non cap, non for profit). My i 94 is valid till may 2012 and my h1b start date is Jan 1, 2012. I have got the email approval of my H1b petition now waiting for Actual I 797 approval notice to know if my change of status approved and i got new I 94 or not.

Will update you once I get my notice.

Good luck

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