Can I overstay in US with a visitors visa while waiting for a h1b visa approval?

My employer is going to use h1b premium processing.

7 Answers

  • Fred S
    Lv 7
    10 years ago
    Best Answer

    The validity period of your I-94 controls how long you can stay in the U.S., not a pending application. Additionally, you cannot presume a favorable decision on the H-1B petition. Moreover, you cannot change status from B-2 to H-1B if you are not maintaining the B-2 status.

    If your B-2 status expires before the H-1B petition is approved, you cannot change status from B-2 to H-1B without leaving the U.S. to obtain the H-1B visa stamp in your passport. If the H-1B change of status, or even worse, the H-1B petition, is denied, you will have accumulated unlawful presence in the U.S.

    This period of unlawful presence will mean automatic voidance of the B-2 visa that you used to enter as a B-2. If you accrue 181 days of unlawful presence and depart the U.S., you will trigger a 3-year bar on top of having a voided visa.

    When you said, "My employer is going to use H-1B processing," it implies that you are already working in the U.S. If that is the case, you are currently violating the conditions of your B-2 status, and that makes you deportable under section 237(a)(C)(i) of the Act.

    If you stay in the country longer than authorized, you will be deportable under section 237(a)(B)(1) of the Act. A wise person would refrain from working and leave the U.S. before his I-94 expires.

  • Lisa R
    Lv 4
    10 years ago


    that will ake immigration question your intentions

    if you came here on a visitor visa then why all of a sudden did you get hired by a US company and are planning to stay to work?

    It will make them think you came here on a visitors visa but that you had intentions of staying permanently since you accepted a job offer.

    You better return and let your h1b be approved because if you overstay thats when they will start to question things.

    Do it the right way and leave now dont violate your length of stay.

  • 3 years ago

    As she's broken the regulation and been here illegally she'll be banned from re-stepping into the united kingdom for no less than 10 years. possibly she could have observed the regulations and decrease back domicile while her visa ended. i'm involved to comprehend that she basically decrease back domicile through "kin issues". What appropriate did she think of she had to stay interior the united kingdom and not using a Visa? And why could we would like her back as she has shown such disdain and disrespect for our usa and our regulations? I have not have been given any sympathy for regulation-breaking unlawful immigrants.

  • Vivac
    Lv 7
    10 years ago

    Absolutely NOT.You require status to change status & although premium processing might take less time USCIS will see it with suspicion & could deny your H1b.It would be best not to try it & it only takes one day to be considered an illegal immigrant.

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  • Anonymous
    10 years ago

    For US visa interview appointments in Canada, you can use

    The blog is also a good source for news and updates about issues related to US visas and immigration and H-1B visas

  • a
    Lv 4
    10 years ago

    dont do it. go back home and wait for it. you may get away with it now but not when you renew your h visa.

    Source(s): h visa holder.
  • Anonymous
    10 years ago

    all H1B were assigned by Dec21st ... unless yours is an exception job

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