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change of status from b-2 to h1-b

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  • change of status from b-2 to h1-b

    my friend came to the us on a valid b-2 visa. while she was visiting she was offered a job by a company. her h1-b visa has been approved ( she has an approval notice), but the change of statues was denied. she exited into mexico on the assumption that they could stamp her visa there but that too was not done. at that time her I-94 already expired. on her return to the us at the port of entry she was given a new I-94 valid for another 6 months on her b-2 visa. what should she do now? re-apply for a change of status again since she is technically now "in status"?
    please help!!

  • #2
    my friend came to the us on a valid b-2 visa. while she was visiting she was offered a job by a company. her h1-b visa has been approved ( she has an approval notice), but the change of statues was denied. she exited into mexico on the assumption that they could stamp her visa there but that too was not done. at that time her I-94 already expired. on her return to the us at the port of entry she was given a new I-94 valid for another 6 months on her b-2 visa. what should she do now? re-apply for a change of status again since she is technically now "in status"?
    please help!!

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    • #3
      Waht was the reason of denial?

      Did she appeal the decision?

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      • #4
        the reason for the change of status denial was that they claimed that she was out of status when she first applied for the h1-b. to make it more clear.

        he initial b-2 I-94 expired march/02, she applied for an exenxion of stay which ins received feb /02; her h1-b petiton was file on 6/02. so with the application of extension filed she was techinically still in status when he h1-b was applied. the INS claimes she was "out of stauts"

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        • #5
          If your lady friend had a petition for an extension of stay still pending, when she applied for the COS from B2 - H1B, then she was technically in status and the INS shouldn't have denied her application on the mere basis of that.

          However, INS officials are human beings and as such, sometimes make mistakes.

          Now that she has been readmitted into the US from Mexico, she is in valid B2 status. However it wouldn't be wise for her to apply for a COS from B2 - H1B right away, for the INS would most likely deny her application again.

          This time, by applying the doctrine of " A Preconceived intent"! What this means in layman's English, is that, if a person was admitted into the US as a visitor, then an immediate attempt to change status shortly after arrival, could be construed as fraudulent.

          The INS would suppose that all along she intended to get H1B status and thus requesting for B2 status from the Port of Entry Officer would be considered to be quite deceitful. And most certainly, the INS frowns severely upon such cunning behaviour.

          Thus it would be best for her to wait for at least 3-months before applying for the COS. Such a length of time is considered sufficient by the INS, for a B2 tourist to change his/her mind and then decide to stay on in the country as a temporary worker.

          However, above all else, she should consult with an experienced immigration attorney, before deciding the way forward. Since contributors to this forum such as I am, are merely interested parties. We are not trained immigration experts, hence we do not know it all!

          Good Luck!

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          • #6
            It would be best if s/he can get consular processing or stamping of the H1B from the country of origin.That way there is no element of fraud or deceitful intent any immigration officer from the POE.

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            • #7
              Be careful. If she entered on a B2 visa she cannot work for her employer until she re-enters as an H-1B.

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