Status Change from B1/B2 to H1-B

What is the name of your state? California

Hi, I need an advice regarding my plan to change my status from a B1/B2 to an H1-B. I've just arrived in the U.S., Is there a grace period that I have to wait for before I can be applied for an H1-B visa? If there is, how long should I wait before I can be applied for an H1-B visa?

Thanks very much.

Unless you have a Master's or a PhD from a US institution, you cannot apply for a H-1B until April 1, 2005, with a requested start date of employment of no earlier than October 1, 2005 because no more H-1B visas are available for the current fiscal year.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

Hi Lana,

Many thanks for replying and giving your advice.

I have a follow-up question though. Let's say I arrived in the U.S. on February 10, 2005 with a B1/B2 visa and was given an offer to have my status changed to H1-B visa. Can I be applied for an H1-B visa on April 1, 2005? (considering that I've only been in the U.S. for less than 2 months). Won't I encounter any problems in my application?

Thanks again.

Mike

Lana: Don't forget, the cap does not apply to educational institutions. So depending on the degree (bachelors or higher) if you can find a position with an educational institution that will file for you (you can not file for H-1b for yourself) it may be possible to change status to H-1B at any time of the year.

Hi Lana/Just Plain Dum,

Thanks for your advise.

Follow-up question, For example. Does that mean that I will not encounter any problems when my application for a change of status from B1/B2 to H1-B?

I've just arrived in the U.S. and come time that it is ok to file (April 1, 2005), I would have been in the U.S. for less than 2 months.

Any thoughts on this?

Thanks.

Mike Chan