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Immigration Issues/Visa waiver and status change

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Question
Hi,

I'm planning to travel to US on VWS (Visa Waiver Program) while is it possible to change my status to H1B1 if i got a job offer without leaving US. Please advise. Thank you.

Answer
Hi,

Entry in visa waiver program is for 90 days only. It is not possible to extend status or change status to another nonimmigrant visa category when entry is made in visa waiver program.

An H1B or H1B1 petition can be filed for you by the sponsoring employer, but instead of being granted change of status the approval notice will state "consular processing". Thus, you will be required to depart the U.S. and obtain H1B visa stamp at a U.S. Consulate abroad. When you enter the U.S., you will be be issued I-94 at port-pf-entry, and at that point you will be in H1B status.

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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