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worst case scenario on H1B visa application

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  • worst case scenario on H1B visa application

    I have a pending H1B visa application and my tourist visa will expire on oct5. Thanks to Brian, everything is clear on my standing from Oct 1 up to my H1B visa is released...
    here's my worst case scenario...what if....my visa is denied? (and i'm still hoping not)any other "possible" option of staying in the US? can a husband who is an F1 status convert us to dependent? and if we decide to go home, until when can we stay in the US if the case is still under an appeal? need help...thanks!

  • #2
    I have a pending H1B visa application and my tourist visa will expire on oct5. Thanks to Brian, everything is clear on my standing from Oct 1 up to my H1B visa is released...
    here's my worst case scenario...what if....my visa is denied? (and i'm still hoping not)any other "possible" option of staying in the US? can a husband who is an F1 status convert us to dependent? and if we decide to go home, until when can we stay in the US if the case is still under an appeal? need help...thanks!

    Comment


    • #3
      If I recall, to change from a B (visitor) to H (employment) visa you will need to travel to your country of citizenship and apply at the US Consul or embassy. At the embassy, they will ask questions regarding the job and how you came to be sponsored for it. In most cases, the do not like to hear that one was on a visitor visa and then secured employment. The purpose o the visitor visa is for visiting and being a tourist. My opinion is you are better off returning to your country of origin prior to the visa expiring. Let the H1-B process play out and then either work your F2 visa route or come back to visit on a B visa if granted.

      Good luck!

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">If I recall, to change from a B (visitor) to H (employment) visa you will need to travel to your country of citizenship and apply at the US Consul or embassy. </div></BLOCKQUOTE>


        This is not correct.

        Per USCIS regulations the OP can stay and wait for adjudication of request to change to H staus (while it's pending and up to certain number of days).
        If petition is approved within certain time period there will be no GAP in status (even if approved past the expiration date of non-immigrant status the beneficiary currently holds) , OP will be issued new I-94 card indicating duration of approved H-1 status entitling him/her to stay and enjoy all the benefits of H-1b status in US (with the exception of obtaining the stamp of H-1 Visa in passport. To get thAt he/she would have to be processed at US Embassy).


        However, if request for COS is denied , and denial takes place past the expiration date of of OP's current status, the latter will have to depart in no time, and will be deemed to be in US without authorisation (illegally) since the date of expiration of the last non-immigrant status he/she held, with all the relevant consequences.


        For more info go to www.murthy.com , type "H-1" on search box and look through results.

        Good luck,

        IE
        ___________________________________

        [COLOR:BLUE][B]When the creations of a genius collide with the mind of a layman, and produce an empty sound, there is little doubt as to which is at fault.

        One day it will have to be officially admitted that

        Comment


        • #5
          Thank you Aaash & IE!! I received an email from USCIS and it shows that i have a request for additional evidence (RFE). I still don't know what is it they are requesting, haven't received the notice yet. anybody who knows what usually do they need?
          anyways, my I94 visa will be expiring on oct5 and with due respect to my lawyer, he said i'm ok to stay. i'm just hoping nothing would go wrong...

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