Can I upgrade my visa from a a B1/2 to a H1B? 4 Answers as of June 10, 2013

I have just come back from a 3 week Job visit to a Company in Texas, I am on a B1/2 visa. They want me to go back in 3 weeks. Can I do consulting for the Texas company while they apply for a H1B petition than can take up to 3 months. Technicly I am consulting for a South African company and not working for a US company. As soon as the H1B is approved can I upgrade in Texas from a B1/2 to a H1B.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Short answer is no. You are not allowed to remain in the USA while an H-1B petition is being reviewed. Your B-2 temporary business-travel visa may allow you to remain until the end of the temporary period shown on your I-94 form on your passport, but you cannot overstay while your H-1B is under review. You must, once the H-1B is approved by USCIS, set an appointment to obtain a matching entry visa based upon the H-1B to enter the USA in your nearest embassy/consulate for a consular processing. If you and the prospective employer need the assistance of an attorney (you do), feel free to contact me by phone or e-mail to set up an appointment for an in-person or phone consultation, to consider how I may be able to serve you.
Answer Applies to: California
Replied: 5/10/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
In you are in the US. changing status from B1/2 to H1B will take more than 3 months from start to finish. If you are outside the U.S. and will be applying for a H1B visa, the process will easily take 4-6 months. However, since there will be no H1B visa available until October 1, 2011, neither process would allow you to start legally working until that date.
Answer Applies to: California
Replied: 5/10/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes you can.
Answer Applies to: Florida
Replied: 6/10/2013
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
You can consult under a b-1 visa and can only be remunerated outside the U.S. As an h-1b is a non-immigrant type visa you cannot also have the b-1/ b-2. So you will need to apply for the H-1b from October 1st. Complex issues here, so contact my office to ensure your change of status is done correctly.
Answer Applies to: Florida
Replied: 5/9/2011
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