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on b1/b2 right now to h1b? to f1? opinion please!

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Norman D.

Junior Member
What is the name of your state? NJ

Hi? I am new here and I found this forum to be helpful. Anyway, here's my case:

I am a licensed healthcare professional for NY and I am hoping to be sponsored via a working visa by April. Problem is, my status is only until last week of March. I am certain from what I read that I am automatically ineligible for the visa if I become out of status just for a day. (I am on my first extension of stay since I came here almost a year ago.)

Now, what shall I do?

If I file for another extension of stay, what are my chances?

I've been thinking about applying for a student visa since my aunt is capable of financially supporting me. the problem is, from what I read, they say that it is hard for a b1/b2 holder to change to f1. is this true? should I just leave this idea behind?

Now, I am very much open to going home since I never want to be illegal here. But some skeptics say that if I go home, I might not be able to get a working visa since I have a record of extended stay here. (though it is valid and approved by the USCIS)

Still, some say that I have a great chance of being issued a working visa since I have all the required paperwork including my professional license.

But I am confused right now.

Can anybody please advised me what to do? Can anyone please tell me his/her opinion on this?

Another thing:

I have my fiancee here and she's an immigrant in the U.S. (we've been together for more than five years now) we've been thinking about getting married but had set it aside thinking that it might complicate my situation. well, will it complicate my situation in case some employer petition me for a working visa?

I am hoping for anyone's opinion.

thank you.


Senior Member
Unless your fiancee is a US citizen, marriage to her at this time will not confer any immigration benefits on you.

As for the H-1B visa, if you have a valid job offer from a US employer and the employer is willing to file a H-1B petition on your behalf April1 , 2005, you should make plans to depart the US at the expiration date of your current I-94 and consular process the H-1B visa once that petition is approved (assuming it is approved). THe fact that you have extended your B visa in the US should not have any negative consequences for your H-1B application.

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

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