B-1/B-2 to H-1B Change of Status | Complete Guide

Faced with the difficulty of finding an H-1B sponsor from abroad, individuals frequently inquire as to how they can change their status from B-2 to H-1B or from B-1 to H-1B from within the United States. B-1 and B-2 visas are non-immigrant visas issued to foreign nationals visiting the United States for short periods, usually 3-6 months. In this guide, you will learn how to change your B-1 or B-2 visa to a dual-intent visa like the H-1B. You will also learn about premium processing and possible issues of converting from B-1/B-2 to H-1B visa.

Overview of B-1 and B-2 visa

A B-1 visa is a temporary business visitor visa and is issued to individuals participating in business activities of a commercial or professional nature in the United States. A B-2 visa is a temporary visa issued to individuals who are coming to the United States temporarily for leisure, vacation, or pleasure.

At this time, the maximum time an individual is permitted to remain in the United States on any one trip is one year, including extensions.  Yet, extensions of up to one year can be difficult to obtain and require extensive documentation in comparison to the initial B-1 or B-2 filing.

B-1 and B-2 visa holders are not authorized to seek any form of employment within the United States. They are also unable to earn credit for any studies done in the country. However, they may have an employer petition for them to convert to H-1B status if the requirements are met.

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Requirements for an H-1B Visa

The H-1B visa has several advantages that make it a good choice for working in the U.S:

• It has relatively easy-to-meet requirements
• Allows you to stay in the U.S. for up to six years with extensions
• Highly portable. Portability means that you can work full or part-time, change your job, and even work for multiple employers at the same time.

The requirements are simple at first glance. You must:

• Have a job offer from a U.S. employer for a specialty position
• Having at least a bachelor’s degree is required for your position

The main nuances to keep in mind are the fact that you need to prove that you and your employer have a valid employer-employee relationship (meaning that you cannot petition for yourself or be your own employer). You also need to make it clear that your position is considered to be a specialty occupation that requires your degree.

What to Know Before Filing for a Change of Status from B-1/B-2 to H-1B

While many individuals choose to convert from B-2 to H-1B, it is important to be aware of several hurdles:

H-1B Availability and Timeline

First, if an H-1B visa is not currently available, a B1/B2 visa holder must wait until April of the following year before an employer can file a petition on their behalf. The lottery selection process lasts about one week, usually during late March.

The H-1B Lottery and Chances

The H-1B lottery is easily the biggest obstacle for those who wish to change status from B-1/B-2 to H-1B. With only 85,000 total positions available and companies submitting hundreds of thousands of entries, the odds can seem a bit overwhelming.

Check out: Definitive guide to H-1B Chances

The only way to improve these chances is to acquire an advanced degree. The USCIS will first pick 65,000 visas in the regular cap. If not selected in the regular cap, those with advanced degrees will be re-entered into the second round of 20,000 visas.

If you are approved, your status will change on October 1st. Continue reading below to learn how to maintain status during that time.

Labor Condition Application

You also need to keep in mind that your U.S. employer must first obtain a Labor Condition Application on your behalf. This means that four attestations must be made:

1. You will be paid the prevailing wage of your position according to your geographic area
2. Your employment will not adversely affect the working conditions of the current employees
3. The current employees have been notified of the intent to hire you
4. There is no strike or lockout taking place at the place of work

Maintaining status

If the H-1B petition is eventually selected in the lottery and approved, H-1B status will only begin on October 1^st of the same year. Therefore, to apply for a change of status from B-2 to H-1B or a change of status from B-1 to H-1B, the individual will need to maintain status from the time he or she initially enters the United States until October 1^st.

Therefore, if you are filing a cap-subject petition, you will need to have your employer file the petition on April 1st, and you will not be able to start working as an H-1B employee until October 1st.

B-1/B-2 to H-1B: How to Maintain Status

But how can you maintain your non-immigrant status until October 1st? An individual will need to successfully obtain extensions of their B-2 or B-1 status until this time.

They will also need to apply for an extension/change of status before the expiration of the B-1 or B-2 as per the I-94.

This process is done by submitting Form I-539, Application to Extend/Change Nonimmigrant Status, to U.S. Citizenship and Immigration Services (USCIS) before the expiration date on their Form I-94 Arrival/Departure Record.

They will also need to abide by all restrictions attached to their particular status, which means the individual will not be permitted to work until October 1^st. If these things cannot be accomplished, they should not apply for a change of status to H-1B within the United States.

If the individual is unable to maintain his or her status until October 1^st, when the H-1B becomes active, the H-1B petition will need to be filed through consular processing instead. This means that after the individual has secured a job in the United States while in valid B-1 or B-2 status and before the termination of his or her B-1 or B-2 status, the individual should exit the country.

The sponsoring employer will then submit the petition during the H-1B lottery with the individual abroad and request that the individual be permitted to re-enter the country at a later time.

If the petition is ultimately selected and approved in the lottery, the individual will need to go for H-1B visa stamping abroad before entering the United States on H-1B status.

If you are selected in the 2026-2027 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.

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H-1B Visa Stamping for B1/B2 Visa Holders

“B-2 to H-1B visa stamping,” as it is often referred to, should occur in advance of the H-1B start date of October 1^st. Foreign nationals are permitted to have more than one valid visa in their passport at a time.

Generally, a consular official will not remove the B-1 visa or B-2 visa from the existing passport since having a visitor visa is not inconsistent with many other non-immigrant visa statuses. Therefore, obtaining the H-1B stamping does not require the cancellation of the B-1 or B-2 visa.

H-1B stamping requires different documentation than B-1 or B-2 stamping and allows for different entry dates. Some of the documents a beneficiary may bring to the H-1B stamping include: a valid passport, Form I-129, certified Labor Condition Application, Petitioner’s support letter, degree and transcripts, academic evaluation, work experience letters, and a resume.

How to Change Status From B-1/B-2 to H-1B

Transitioning from a B-1/B-2 visa to an H-1B is possible, but it requires careful planning and compliance with USCIS requirements. Here is the general process:

1. Secure a U.S. Employer: You must find a willing U.S.-based employer who is willing to sponsor you for an H-1B visa.
2. Enter The H-1B Lottery: Unless your employer is cap-exempt, you are subject to the cap and therefore must enter the H-1B lottery. Registration typically opens in early March every year.  To determine whether the employer is cap exempt, an individual seeking H-1B status should inquire with his or her prospective H-1B employer or a qualified immigration lawyer.
3. Employer submits the H-1B petition: If your registration is selected in the cap, that’s not the end of the road. The employer must submit a petition that will then be processed by the USCIS to determine if you and your employer truly meet the requirements for the H-1B visa.
4. H-1B Approval: If approved, you will receive the approval notice (I-797 form), or if you were denied, you will need to explore alternative visa options.
5. Maintain status or leave the country and re-enter: After you have received an H-1B visa, you cannot start working until October 1st. You cannot begin working until October 1st of the applicable fiscal year. To avoid falling out of status, you must either maintain lawful B-1/B-2 status until then, or depart the U.S. and re-enter in valid H-1B status.

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Premium Processing and H-1B Fees

Premium processing is an optional service that expedites the processing time of visas and green cards that make use of the I-129 and I-140 petitions to 15 business days- this makes the H-1B a prime candidate, right?

Actually, because H-1B has rigid dates for filing and starting work, premium processing may not be an optimal choice to get you from B-1/B-2 to H-1B status. Speak with your immigration attorney to determine if this route is appropriate for your case.

The employer is responsible for paying the H-1B visa fees:

The process to apply for premium processing from your B-1/B-2 to H-1B is as follows:

• Submit I-907, Request for Premium Processing Service
• Submit I-129, Petition for a Nonimmigrant Worker, with I-797, Receipt Notice

B-1/B-2 to H-1B Change of Status Processing Time

The processing time to transition between a B-1/B-2 visa to an H-1B visa may take anywhere from 6 to 9 months.

Understanding the 90-Day Rule

You must be careful when changing from B-1/B-2 to a work permit, like an H-1B, because you might find yourself in trouble with the U.S. Immigration Department. The main principle of the 90-day rule is your true intention of coming to the U.S. If you come to the country on either a B-1 or B-2 visa, you intend to visit the U.S. for a brief period of time. However, if, within your first 90 days in the country, you begin a process to apply for a permanent, work, or study visa, that will signal to the USCIS that you misrepresented your true intentions of coming to the U.S. in the first place. 

Ex: If you come to the U.S. on a B-1 visa, which is designed for tourists, then apply for an H-1B visa within 4 days of entering the U.S., you are violating your immigrant intent. You were entering the U.S. as a tourist to enter and leave the U.S. during a certain period of time.

The rule was initially implemented in 2017 and served as a guideline to USCIS officers until 2019. At that time, the application of the rule was mandatory, and the process with which officers applied it was consistent and relatively regular. There is no mandatory requirement to apply the rule, but it has been applied arbitrarily. This means that some cases will be under strict scrutiny with respect to the rule, while others will not. At the moment, there is no consistency in the application of the 90-day rule. Thus, although if you apply for an H-1B visa while you are on a B-1 or B-2 visa within 90 days of arrival, you might not be subject to the rule, on the other hand, you might. It is advisable to stay on the safe side and apply for any new visas after the 90-day period.

The consequences of breaking the rule vary dramatically depending on your situation. In general, your new application could be rejected because you misled the officers as to your true intention of coming to the U.S. You may even be subject to a lifetime ban from entering the U.S. However, this is an extreme measure and would require additional breaches of U.S. laws or immigration regulations. It is important to note that you will always have an option to appeal the decision and present your case with additional evidence.

B-1/B-2 to H1B: Conclusion

While the H-1B visa may have an issue date well in advance of October 1^st, a beneficiary is not permitted to enter the United States immediately following stamping; rather, a beneficiary can only enter the country up to 10 days before the October 1^st start date.

Some people mistakenly refer to the process of changing from B-2 to H-1B or B-1 to H-1B as a “B-2 to H-1B visa transfer.” For clarity, the “H-1B visa transfer” process refers to the time when an H-1B beneficiary changes jobs to a different H-1B employer. A change of status is what occurs when you transition from one visa category to another. So, when changing from a B-1/B-2 visa to an H-1B visa, it’s a change of status.