Can an individual change B-2 status to H1B while in the United States?

Comments are closed

A person in B-2 status is allowed to file an application with the USCIS to change status to H1B. However, even if the application for change of status from B-2 to H1B is approved by the USCIS, it may be difficult to obtain an H1B visa in the passport from a U.S. consulate abroad. A consular officer will deny the application for an H1B visa if s/he believes one has misrepresented him/herself upon entry to the United States. In fact, some consular posts in Canada and Mexico do not even accept such applications. Rather than file a change-of-status application from within the U.S., it is better to depart the U.S. and have one’s prospective employer file an H1B petition on one’s behalf. Once it is approved, one will be able to apply for an H1B visa at the U.S. consulate in her/his home country.

Written by

T.R. Weaver has practiced law since 2003. She is licensed in Washington State, and admitted to practice law in the United States Federal Courts to assist with the representation of individuals with Immigration challenges. She has been an adjunct professor at various Community Colleges in their Criminal Justice and Paralegal Programs. Ms. Weaver is available for speaking engagements, workshops and seminars.

Comments are closed.