Can I apply now for a change of status if I am getting a job in a few months? 10 Answers as of January 30, 2012

You can change status as long as you have any current status. So, if the H-1 is available to you right now, then you can jump from B-1 to H-1, but you cannot do it in anticipation because there is no H-1 until it is approved by USCIS. Good luck!

H-1B visas are subject to an annual cap and currently that cap has been reached. That means that there are no new H-1B visas available until the start of the next fiscal year, on October 1, 2012. If you have a job offer for October 1, 2012, then the earliest date that your future employer could submit the petition for a change of status to H-1B is April 1, 2012. In the meantime you may have to seek an extension of stay in your B visa status in order to be able to stay here. Hope this is helpful.

H-1B's can start to be filed in April, but the position will not be available to start work until October. Thus, based on your information, it is likely you will have to leave. *H-1B Specialty Occupation Visa. You qualify for what is known as the H-1B Specialty Occupation Visa. You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to your degree. Our firm can do the entire petition. Once we begin processing and get it filed, it normally takes about six to nine months to get the approval. Please note that H-1B's are very limited and are only available for small periods of time during the year. Therefore, Premium Processing discussed next should be used.

I am glad you asked this question, because there are a lot of issues swimming around. First, if you are going to change status, I would highly advise consulting with an experienced immigration attorney. There are issues on when you can apply; frankly, applying too early for a change of status can cause you problems with what we call "pre-conceived intent." Second, unless you are going to work for a non-profit, university, or other "cap exempt" employer, there are no H-1b visas available. Further, if you plan on applying on the first day possible for an H-1B, April 1, 2012, then even if your H-1B is approved, you can't start work until October 1, 2012; and you must maintain your status until that time. Usually, companies will already have an attorney they utilize for H-1B's. You should speak to her or him about your plans, and make sure that everything is planned correctly and lawfully. Finally, remember also that your employer must bear the costs in this matter (including, generally, attorneys fees). I hope this has helped.

First, the H 1 b quota for the year 2012 is gone. You can only file for H 1 b in April and start on 10/01/2012. You should also worry about extending your status until 10/01. You may be better off going outside us and obtain an H 1 b visa.

You can only apply for an H1B on or after April 1, 2012 for a work start date of October 1, 2012. You will not be able to stay in the US until October unless you have some other status.

Unless you had H1 status in the past you may not apply for h1 until April 1 , 2012 due to thequotaissue. Then theearliestdate of your H1 validity will be October 1, 2012. if your b1 is longer than October 1, you can stay here waiting for the start date otherwise you will have to leave the US and come back with an H1 visa after September 20, 2012.

The earliest you can apply for H-1B status this year is April 1, 2012 with an October 1, 2012 start date. You must be able to maintain independent status until October 1, 2012 in order to change your status to H-1B without leaving the U.S. You otherwise must leave the U.S. and apply for an H-1B visa upon approval of your employer's H-1B petition before you can return late September 2012.

It really depends upon what status you are changing to. If you are seeking to change to an H-1B now and hoping that will allow you to stay here, the answer is no. If you are looking to change to another status, you may be able to stay here till the H-1B position is available.

You cannot apply for an H-1B until April 1, 2012 because of the H-1B quota numbers. Applications sent prior to April 1, 20102 will be rejected and returned to the employer. If your H-1B is approved you will not be able to start employment until October 1, 2012 (the start of federal fiscal year). You should consult a local immigration attorney well-versed in business/employment-based visas to help you navigate this.