Your employer cannot file a petition for you until April of the same year if they are unable to obtain an H1B visa, unless you previously had H-1B status. Read up more on the topic on the Techfetch H1B website, where expertly curated articles can supplement a professional's advice.

B-2 to H1B Change of Status - Techfetch H1B

It can be difficult for foreign workers to locate H1B sponsors abroad. So many prospective employees look for B1 or B2 to H1B Change of Status options from within the US. You can find in-depth guides and discussions on this topic and others related to US immigration on the Techfetch H1B website. This continuously evolving information portal is constantly updated to give you the latest news updates, beginner guides and descriptive articles on all topics related to US immigration.

The B-2 visitor's visa is a non-immigrant visa that allows foreign visitors to remain in the US for 3 to 6 months. If your country is part of the Visa Waiver Program, your stay in the US will be legal, even without a visa, for 90 days. If this is not the case, you need a B2 status. 

On the other hand, the H1B program is for US companies to hire non-immigrants in specialty vocations or fashion models. A foreign worker qualified for a specialty occupation must hold a bachelor's or higher degree to obtain the H1B visa.

An immigrant can attempt a B-2 to H1B change of status if he or she already has a lawful visa status, although there may be obstacles. Here's what to expect when applying for a status change:

If H-1B visas are not available, the employer cannot petition on behalf of the applicant during the H1B lottery in April of the same year.
If your company is exempt from the cap, or if you have a previous H1B status, this will not affect you.
Your H1B status will begin on October 1 if you are chosen in the H1B lottery. For this you must have maintained your status from first entry through October 1 before applying to get a B2 to H1B change of status.
You also cannot start at the H-1B employment until October 1 and until the US company receives an approved LCA.

B-2 visa holders cannot work in the US or earn credit for domestic studies. If all requirements are met, an employer can apply for B2 to H1B change of status.

A consular officer will not remove a B-1 or B-2 visa from a passport because a visitor visa is compatible with numerous non-immigrant visas. Obtaining your H1B stamp does not imply canceling a B-1 or B-2 visa.

The H1B is eligible for premium processing, which expedites visas and green cards using I-140 and I-129 applications within 15 days. But, because the H1B has strict filing and start-up deadlines, premium processing may not be your best option to switch from B1/B2 to H1B.

For more information, visit the Techfetch H1B website and explore these and other US immigration topics covered in detail.

The 90-day rule of USCIS
Many people in India want to come to the US on a B2 visa and then apply for a B2 to H1B change of status. You can legally apply for a change your status, but doing so within 90 days of entry might be reported as fraud and investigated. If continuing, file H1B COS after 90 days of entry. Techfetch H1B features in-depth content on this and other similar topics related to US immigration. 

The 90-day limit, before which a change of status is considered fraud, was 30 days earlier. During this time, applications filed within 30 to 60 days were considered questionable. After 60 days, the requests were considered authentic, but could be analyzed for fraud.

US visa depends on the reason for your visit. The 90-day guideline ensures that visitors stick to their plans.

When you enter the US on a certain visa, you tell authorities that you are planning on a pre-planned period of stay. A change of state, like a B2 to H1B change of status, indicates a change of intention. Such a change is most often the result of prior planning. If your intentions for visiting the US are found to be misleading, you may be barred from ever entering the US. Read up on the Techfetch H1B website about COS and more topics like visa interview prep and financial education for NRI.

When you get a visitor's visa, for example, you tell the embassy that your stay will be less than six months. If you apply for a change of status within 90 days of entering the US, the Department of State will presume deception. You must verify with no room for doubt that you did not provide a misleading purpose when applying for a visa or being questioned at the border.

B - 2 To H1B Change Of Status- Process - Techfetch H1B

Visiting the USA at least once in a lifetime is a dream shared by millions of people worldwide. And then there are others who aspire to live, work with an H1B visa and eventually settle in the country for life with a Green Card. TechFetch H1B is the go-to source for every aspiring immigrant with this American dream. 
 
TechFetch H1B is a prime website for all things related to US visas, immigration details, guidelines, and solutions. We are a long-trusted source for immigrants seeking to improve their awareness of US visa rules and regulations and to know the intricacies of establishing themselves within the US system. 

Visit our website for more details. You can also find us in any of the social media handles mentioned below.

B-2 to H1B Change of Status - Techfetch H1B

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