Legal Question in Immigration Law in California

B-2 to H-1B VISA

Greetings. My I-94 will expire this August. My potential employer already filed an H-1B working VISA application and I already received a notice of receipt from INS. Should I still file a B-2 (I-94) extension while waiting for INS' decision on my H-1B application?


Asked on 7/10/02, 12:23 am

2 Answers from Attorneys
Anja Freudenthal Immigration Law Office of Anja Freudenthal

Re: B-2 to H-1B VISA

Liem:

Based on the information you have given, there is at least two ways of looking at this. One is the optimistic view. For example, you are certain to get the H-1B approval either before end of your current authorized stay or shorly thereafter. Under the optimistic view there is no need to file for an extension.

The other view is that it is a risk not to file the extension as INS may deny the H-1B application, in which case you have continued your B-2 status. Or, you do not want to have a lapse between the current B-2, when it expires, and the approval of the H-1B.

Also, did your new employer consider filing the H-1B under premium processing? If so, the August deadline may be irrelevant. If not, you can still have the INS process the H-1B under the premium processing scheme.

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Answered on 7/10/02, 12:53 pm
Larry L. Doan Law Office of Larry L. Doan

Re: B-2 to H-1B VISA

Only if you think the H-1B petition will probably be denied by the INS.

Liem Doan, Esq.

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Answered on 7/10/02, 3:38 am


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