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?
Legal update — October 2026: This 2012 question is preserved as a historical inquiry. Current Visa Waiver admission and H-1B procedures control any new case.
No. Filing an H-1B petition does not, by itself, allow a person admitted through the Visa Waiver Program to remain in the United States beyond the authorized admission period, which is ordinarily no more than 90 days. Under 8 CFR §248.2(a)(6), VWP entrants generally cannot change status inside the United States to H-1B. A qualifying US employer may seek H-1B petition approval for consular processing, subject to the applicable cap and petition requirements, but filing or approval does not independently extend the visitor’s stay or authorize employment. Ordinarily, the visitor must depart on time and, when required, obtain an H-1B visa abroad before returning in H-1B status to begin authorized employment. Individual circumstances and any separately available exception or relief require independent review.