Immigration Issues/B1 to H1



I am currently on B1 visa for Company-A. I came to US on April 20th, I-94 was granted for three months (July 19th). Company-A applied for
my B1 extension in the second week if July. I am yet to get the decision on my extension from USCIS. I need to know if it is legal to
stay in the US after applying for an extension even though the decision for the extension is pending.

Also, company A has filed for my H1B status transfer in May 2006. I am planning to go back to India between the last week for September or
mid of October. If i go back will i have an issue in getting my H1B stamping.  

You can not have an application pending to extend B1 and one pending to change to H-1. Since you filed for H-1 prior to B-1 expiring you can stay until you get a decision. I would file I907 for premium processing of H-1. That will get you an answer in 2 weeks and then you can go back in September to get stamping.



Immigration Issues

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Robert Hollander<B> Esq.</B>



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