Legal Question in Immigration Law in Florida
Hi;
I've been in US for about 10 years and a have a workers petition aproved and waiting for the NVC prioity date to get a visa number. I'd like to know if I can change my current visa (B1/B2) to a H1B without leaving the country? and, Will that (in case it's viable) eliminate my current pending process with USCIS? Thanks in advance for your time and information...
1 Answer from Attorneys
No, you can't change status from your expired B1-B2 status to H1B status.
It's not clear from your post what have you been doing in USA for 10 years (in what status have you been living), I am assuming that your B2 status had expired long time ago. Visa and status are different categories. Also, for H-1B visa, there is no need to wait for a priority date. What petition is pending in the NVC, who filed it, in what visa category and when?
Please keep in mind that if you are, indeed, in 'out of status' status, your departure from the USA will render you inadmissible for 10 years. Before you decide what is the proper way to proceed, you shall consult a lawyer and explain all those particulars that I've mentioned above.
If you need legal advice or help, please let me know.
Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html
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