H1B Visa Status Application While in the US on the Visa Waiver Program

I’m from Italy on visa waiver right now. My stay will expire at the end of September. I got an offer from a US company.  Can I stay here while my H1B is been processed?

Yes, you can remain in the US while your H1B visa is processed. However, persons who enter the US using the visa waiver program are not allowed to change their status in the US. So, while we can get USCIS to approve the H1B, you will need to go outside the US for H1B visa stamping. Then after you have obtained the H1B visa stamp, you will be able to return to the US and begin work.

Posted on August 22, 2012 at 7:28 pm by Immigration Lawyer Peter Messersmith · Permalink
In: H-1B Visa, Visa Waiver Program · Tagged with: ,

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