If I have a B2 Visa and want to apply for H1, will the process be quicker for me or normal time frame? 4 Answers as of November 08, 2010

I have several people wanting to come to the US to work but only have a B2 Visa. If they apply for their H1 will the process be any quicker for them or will it take the same length as a person without a B2 Visa. Thanks!!

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
A B-2 tourist visa is specifically for the purpose of travel for pleasure, not as a step in a much more permanent stay. One can apply for that change of status, and the petition can be granted. However, the problem occurs when that individual has to return to his/her home country to obtain an entry visa under the H-1B or H-1C category through a U.S. embassy or consulate. The interviewing officer will see the H-1B stamp on the I-9 form entry on his passport, and he will likely assume that the applicant committed fraud, by claiming he was staying temporarily for travel in getting his B-2 visa, when he was intending to obtain a long-term work visa. Then he could be banned from entering the USA, or from getting any immigration benefit. I would advise you to file for an H-1B, but return to your homeland before your B-2 visa runs out. Better yet, best to wait until after you return to your country to apply for an H-1B (or H-1C, if you are in nursing or medical tech-related business).
Answer Applies to: California
Replied: 11/8/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
B2 visa makes no difference in the time frame. To make the process faster you should pay for premium processing (check www.uscis.gov) which will get them an H-1b within a month. They can enter as B-2, wait for about 2 months and apply with premium processing. They must wait for 2 month to avoid misrepresentation issues with their use of B-2.
Answer Applies to: California
Replied: 10/27/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Well, if they are already in the US in valid B-2 status, they could just apply for a change of status without needing to get a visa from the US Embassy abroad so in that sense it would be a somewhat faster process but the actual USCIS processing of the H-1B visa petition would be the same as for everyone else. For an additional $1000 processing fee, it can be done through Premium Processing.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 10/27/2010
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