Legal Question in Immigration Law in Arizona

Can I stay in the USA waiting for H-1B approval while here on the Visa Waiver Pr

I entered the USA on August 5th 2002 on the Visa Waiver Program from Germany. I now found a company who is willing to sponsor me.

Question 1: Can I apply for a H-1B Visa with my current status (tourist on Visa Waiver program) ?

Question 2: My current I-94 expires on November 5th so I have to leave the country. Can I still stay after it expires if the H-1B Visa process has already started?

If no, can I come back again before I get the H-1B Visa approved on the Visa Waiver Program again or maybe with a B2 Visa?


Asked on 10/11/02, 3:46 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Can I stay in the USA waiting for H-1B approval while here on the Visa Waive

If you want to stay in the US while your H-1B is being processed, I recommend that you use premium processing which you can get by paying an extra $1000. The Service has to adjudicate or ask for addtional eveidnce within 15 days or refund your money. You should not stay beyond the date of you admission or reenenter using the VWP. You should obtain the H1B abroad before you reenter. You should not attempt to apply for a B2 visa.

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Answered on 10/11/02, 4:06 pm


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