If I am already in the U.S., can I still change to the H-1B status?

Under certain circumstances, persons already in the U.S. can change their status to a H-1B visa. The foreign worker must, however, already be holding a valid U.S. visa. This means it is not possible for visa-free travelers to apply for a work permit. Also, not all status changes within different categories are possible. The application for a change of status will be filed alongside the H-1B petition with U.S. Citizenship and Immigration Services.

 

IMPORTANT: Please note that it is not advisable to leave and re-enter the country before your H-1B visa has been approved. The USCIS only approves the H-1B status, it does not issue the visa. This can only be done by the U.S. consulate in your home country.

The change of status does not mean you have been issued a visa. If you leave the U.S. and try to re-enter without a valid visa, admission into the country will be denied. Different from other nonimmigrant visa, you can also apply at U.S. consulates in adjacent countries like Mexico or Canada. Otherwise you usually apply at a U.S. consulate in your home country.

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