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  #1  
Old 10-19-2009, 04:13 AM
john2255 john2255 is offline
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Default Kindly give me the best advice, B1 visa to H1b, urgent situation.

Dear friends,

I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.

Other relevant past details are

H1B non cap petition- June 2008
221 g at the consulate for the H1B petition since I didn't had the license.
Hospital withdrew the H1B petition in August 2008.


Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.
John

Last edited by john2255; 10-20-2009 at 09:48 AM. Reason: to clarify the question
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  #2  
Old 10-19-2009, 07:05 AM
raysaikat raysaikat is offline
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Default

Quote:
Originally Posted by john2255 View Post
Dear friends,

I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Since you do not have H1-B status, you cannot start working unless you actually receive I-797 (i.e., H1-B approval) and I-94 form. The hospital that wanted you to start working immediately might not know that you do not have H1-B status, or the staff may not understand how the immigration status works.

The premium processing only guarantees that you give get a decision on your case in 2 weeks; i.e., if approved, you will get an I-797. USCIS may attach I-94 to the I-797 in which case you do not need to go out of the country before you can start working. However, my guess would be that I-797 would not have an I-94 attached. In that case, you need to go out of the country, apply for and obtain the H1-B visa (i.e., the visa stamp on your passport) and re-enter US (at which time you will get your I-94).

Quote:
Originally Posted by john2255 View Post
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.
John
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I am not a lawyer. Use at your own risk any information given by me.
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  #3  
Old 10-19-2009, 09:28 AM
glus glus is offline
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Default Presumption of visa fraud

Quote:
Originally Posted by john2255 View Post
Dear friends,

I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.

Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.
John
Hello,
INA consists a section of "Presumption of Visa Fraud." It basically states that if a person who entered to the U.S. for the FIRST time and changed status to a different visa category while in the U.S. before 60 days in the initial status have passed, that person might have committed a visa fraud and intended to do it in the first place. Do a google search - "presumption of visa fraud 60 days." I am sure of this as I worked for an immigration law office and we had a few clients with the same problem. After 60 days since you had arrived, that should not be a problem; generally speaking. I would recommend you speak to an immigration attorney before doing it, or request a H-1B visa approval with H1b visa to be issued in your own country instead of changing status in the U.S. now.
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  #4  
Old 10-19-2009, 01:30 PM
we_r_d_world we_r_d_world is offline
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Look at the profile...... join date and no. of posts.
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  #5  
Old 10-19-2009, 02:50 PM
mr_aryan mr_aryan is offline
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If the annonation says, you came to U.S for the liecensing exam & and you got any employment offer in correspondece to that after passing it.
I dont think it would be considered as a VISA fraud.
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  #6  
Old 10-20-2009, 12:20 AM
bharat2008 bharat2008 is offline
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Hi ,
Ask your future employer to apply new H1B with consular processing(no change of status).
Wait till you get the H1B approval ,book an appointment at US consulate(preferably home country)and get stamping.As everyone mentioned you cannot work till you get I-797 and get stamping.
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  #7  
Old 10-20-2009, 07:24 AM
john2255 john2255 is offline
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Default

Quote:
Originally Posted by we_r_d_world View Post
Look at the profile...... join date and no. of posts.

So whats the problem. I was active till 2007, till the special immigrant visas are over and retrogression set in for Schedule A workers, nurses and physical therapists. I was in my country till now, and Immigration voice sign in template don't have any option to register for people who are out of United states.

When I was active I always did my best to share my knowledge and help the people.
I supported and advocated for general visa recapture and special legislative initiatives for Schedule A workers. I was an active member of Schedule A workers sub group of Immigraton voice.

I hope I am clarified. I humbly request for valuable advices to decide on my situation. Once again thank you all for your advices.
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  #8  
Old 10-20-2009, 09:53 AM
john2255 john2255 is offline
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Default I have update the question with more details, please help

I have update the question with more details, please help. Thank you all very much in advance.
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  #9  
Old 10-21-2009, 02:48 PM
john2255 john2255 is offline
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Default

bump
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  #10  
Old 10-21-2009, 09:26 PM
dealsnet dealsnet is offline
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Default H1b

File new H1B.
You may not adjust the status. (B1 to H1). (Get the H1B approval without 1-94 attached)
You need to go to India and attend interview to get your visa stamped.
Do premium process to save time.
So you will be safe. Everything can be done within 45 days, if do PP and move fast.
Entry on H1B will be safe for future immigration matters.

Quote:
Originally Posted by john2255 View Post
Dear friends,

I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.

Other relevant past details are

H1B non cap petition- June 2008
221 g at the consulate for the H1B petition since I didn't had the license.
Hospital withdrew the H1B petition in August 2008.


Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.
John
__________________
Proud to be Indian and American resident.
GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.

Last edited by dealsnet; 10-21-2009 at 09:41 PM.
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  #11  
Old 02-03-2010, 03:14 AM
HuaRhoda HuaRhoda is offline
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The US company who offers you the job, are the ones that apply for a H visa not you. They have to prove that you are qualified for the job they are offering you and that you are not taking a job away from an American, that your qualifications are equal or more than American qualifications, they have to pay you within a set pay scale for that job in that location.
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