Can I change my B1B2 visa to a H1B visa? 11 Answers as of January 06, 2011

Is it possible to apply for H1B visa while in the United States? I am a B1B2 Visa holder, but I am very tempted to work while on vacation.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
While it is possible to apply for work in a position with an employer, and receive an offer of employment, you cannot apply or receive an H-1B while you are in the country on a B-1/B-2 visa. You are here on the assumption to the CIS and State Department that you are here for pleasure or temporary travel, not to obtain long-term or permanent employment. It is a 3-5 month process, but if the employer is willing to wait that long, it can work. If you want to go further with this opportunity, you will need an attorney. Feel free to call or e-mail me to set up an appointment for a consultation, by phone or in-person. Best to you.
Answer Applies to: California
Replied: 1/6/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes it is possible if you qualify and have a sponsor. Your H-1B petition must be received by USCIS before your B-1/B-2 expires and there will have to be an available H-1B number. These are going fast so act quickly if this is what you want to do. We would be happy to help you with this just let me know and I will send you the documents and fees to get started.
Answer Applies to: California
Replied: 12/22/2010
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes you can attempt to change your status to a H1B, but the visa numbers are few so check to see if visas cap for this year has not been reached.
Answer Applies to: Florida
Replied: 12/22/2010
The Vega Law Firm
The Vega Law Firm | Linda Vega
You may file for an H1-b while on your tourist visa. See an immigration attorney for further guidance
Answer Applies to: Texas
Replied: 12/20/2010
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Yes, if you qualify it is possible to do a change of status while you are in the United States.
Answer Applies to: Florida
Replied: 12/20/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Although you are not supposed to have immigration intent on B1/B2 visa, the good news is that H1B is non-immigrant visa too. So if you apply and get an approval, while your B1 visa is still valid, you should be able to have H1B stamped in any port of US.

    For further information about H1B visa, you are welcome to contact us.

    Thank you and good luck!
    Answer Applies to: Florida
    Replied: 12/20/2010
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    Yes, at this moment it is still possible. As long as you are in valid B1 or B2 status in the US your potential future employer can submit a petition for an H-1B visa for you and request that your status be changed from B to H-1B upon approval. This situation may, however, change if the available H-1B visa for the Fiscal Year are used up. Currently there are still H-1B visas available.
    Answer Applies to: Florida
    Replied: 12/20/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    If you are still in B1/B2 status you may file to change your status to H1B if petitioned by an employer. However, you cannot work until the change of status to H1B is approved. If you are considering applying to change your status to H1B it is important to so so soon since there are
    a limited amount of H1B visas available and you must file before your B1/B2 status expires.
    Answer Applies to: California
    Replied: 12/20/2010
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    Yes, if the position for which are hired for is professional in nature (meaning it requires a bachelor's degree or its equivalent) AND you have a bachelor's degree or equivalent in a field that makes sense. If this is met, the employer wants to, and you remain in lawful B1 status, you can file a change of status.
    Answer Applies to: Virginia
    Replied: 12/20/2010
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    Wait to get your change of status granted (or H1B petition approved) before starting to work. Usually, the first filing day for H1B is April first, for work stating October 1. This is a complicated petition depending on the nature of the position and your educational background, so best if the hiring company has an attorney to handle this type of petition.
    Answer Applies to: California
    Replied: 12/20/2010
    Law Office of Baoqin Wang
    Law Office of Baoqin Wang | Baoqin Wang
    Yes, if you have a qualified employer to sponsor you.
    Answer Applies to: Oregon
    Replied: 12/20/2010
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