B1/B2 visa adjustment of status

[Boiler 46,086]

It may be possible, if it is cap exempt.

[Daniel18 0]

Please when you say Cap Exempt, what do u mean pls

[DrEllaNJ 288]

There's a quota for 65,000 H1B visas annually and it's already been filled until October 2018. The next window to apply opens on May 1, 2018. Last May, the quota was reached within 5 days.

 

Some organizations are exempt from the cap: The H1B cap does not apply to organizations filing the H1B petitions if they are institutions of higher education (or related non-profit entities), non-profit research organizations, and government research organizations. 

[DrEllaNJ 288]

Change of status from B1 to F1 can take 3-6 months is what I read somewhere. It's much faster to travel back to your country and get the stamp there.

H1B approval can take a while too (no more premium processing), and since your B2 visa already expired, you can't apply to change from B2 to H1B anymore, so you'd have to go back or at least out of the US to get your new visa stamp.

[Daniel18 0]

Thank you DrEllaNJ for your very help full response. Since the next petition submission period is May 1, 2018 and I have submitted petition for F1 which is still awaiting approval, before the approval comes out, can the organization still offer me a job on the basis of an employee they wish to file for? if yes, please what are the documents or petition that needs to be filed to enable them allow me start work?

 

Edited July 13, 2017 by Daniel18
Typo-error

[DrEllaNJ 288]

Just now, Daniel18 said:

Thank you DrEllaNJ for your very help full response. Since the next petition submission period is May 1, 2018 and I have submitted petition for F1 which is still awaiting approval, before the approval comes out, can the organization still offer me a job on the basis of an employee they wish to file for? if yes, please what are documents or petition needs to be filed to enable them allow me start work?

 

Actually, I was mistaken, submission date is April 1, 2018. You can't start working until you have the H1B visa. So if they're not exempt, you could start working on October 1, 2018. If they're exempt, they'd have to file a non-immigrant worker petition for you, and you'd have to go abroad to get your new H1B visa stamp. 

 

If you're looking for a way to stay in the US and work on an H1B visa while the F1 petition is in progress, this does not seem to be a valid option. If the goal is to get a job in the US, and study in the meantime, this may work - but you'll have to wait for F1 approval.