Legal Question in Immigration Law in Georgia

B2 to 7th Year H1B

My B2 visa will be expired on 9/4/09. My I-140 (EB3) is just approved.

1. Should I file 3-year H1B extension through normal processing or premium processing?

2. I was told if H1B is approved, I may either be granted ''change of status'' from B2 to H-1B, or else need to leave the U.S. and be issued H-1B visa by a U.S. Consulate abroad based on the H-1B approval notice by the USCIS. Why won't USCIS just grant the former option so that an applicant can change status within United States?

Thanks for your time to review my questions.


Asked on 7/18/09, 9:23 am

1 Answer from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: B2 to 7th Year H1B

Dear Inquirer:

If you have been maintaining lawful nonimmigrant status up to the time you file for your H-1B and you qualify for H-1B classification, then the USCIS should grant your change of status request. If you have failed to maintain your nonimmigrant status but qualify for H-1B classification, the USCIS will only approve the H-1B petition and not the change of status. In the latter case, you would have to leave the US and apply for a new H-1B visa in your passport.

I recommend that you email me directly or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 7/18/09, 1:46 pm


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