B1 to H1B Status Change

[limess]

Hi

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 15^th Nov if my H1B decision is pending with USCIC after 15^th-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 15^th Nov will that create any problems for me in future.

Appreciate your prompt response

Thanks,

[Belle]

You will be in authorized presence (no status) until the decision is made on your H1. Your receipt is the the proof of it.

[gorantlamk]

1) Your status will be H1B under processing, as long as you have a petition under processing you are legal. If the petition gets apporved you are fine, if it doesnt then you have accrued illegal stay from Nov 15th to what ever date.

2) yes

3)Legally it is ok.

To aviod any confusion have them apply for premium processing, which should give you the result faster.

[limess]

Hi ,

Thanks to all for your response..

Yeah, My company already applied in premium and I have receipt number also.

If I stay after 15th Nov and decision is not in favour, what about my status after 15th Nov and will it create any problems in future?

Please suggest the best way to deal this.

Once again Thanks all!!

[limess]

is advisable to stay here??

[gorantlamk]

Hi ,

Thanks to all for your response..

Yeah, My company already applied in premium and I have receipt number also.

If I stay after 15th Nov and decision is not in favour, what about my status after 15th Nov and will it create any problems in future?

Please suggest the best way to deal this.

Once again Thanks all!!

you should be fine...you will most likely get a decision by Nov.15th

[bigsurhwy1]

This is the same reason why B1 visa professional also facing lot of scrutiny in India and at POE.

And H1B are getting rejected right away!!!

[gcwait101]

If for any reason lets say you got your decision after Nov 15 and if it is not in favor ( denied) then you overstayed in your b1 visa from the date Nov 15 and your b1 visa automatically got voided. You have to go again for visa in India and it will be really tough to get new visa as you might be not admitable to USA for either 3 years ( if it is less than 180 days of overstay ) or 10 years if it is more than 180 days. Think the pro and con of both the side and decide which is best for you...