Immigration Issues/B2- H1B

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Question
hello! I am here in the US in B1 visa and my I-94 will expire on August 2009. I am also waiting for the approval of my H1B petition, My question is once my H1B visa is approved do I have to go back to the Philippines at once for my visa stamping OR can I start working first here. 2nd question, my fiancee and father of my child has a B1 visa, If I will marry him here in the US can I apply for him a H4 visa. please help me with my concerns, thank you very much

Answer
Hi,

Since the H1B approval notice will take effect on October 01 (I am assuming that this is a cap-subject petition, for which the employment start date is normally October 01), you will be out of status between August and October 01. Thus, you will need to depart the U.S. before expiration of I-94. You will apply for H1B visa stamp at a U.S. Consulate in your home country based upon H1B approval by the USCIS. Upon entry back to the U.S., you can be legally employed by the sponsoring employer.

Your husband (when you are married) will receive H4 visa stamp.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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