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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108637
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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B1 to h1b is in process , already having h1b petition approved

Customer Question

b1 to h1b is in process , already having h1b petition approved , but stamping is not done.What is probability of chances to get COS approved
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Welcome to JustAnswer! Thank you for requesting me. I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
This is your first H-1B and it was chosen in the lottery? When did you enter the U.S. on the B-2? When does your stay expire?
Customer: replied 2 years ago.
yes ... First h1b.Entered US on Nov ,2014 and B1 got expired on last week of MAY.COS applied on APR 24
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Unfortunately, what you had to have done was to have applied for an extension of your B-2 status before it had expired and you had to get an approval before October 1, 2015. Now it is almost certain that they will not approve COS and you will have to go for H-1B visa stamping outside of the U.S. I am truly sorry. I know this is not the news you want to hear, but it will keep you out of trouble. Please do not blame me for the bad news. I am not given a salary to be here and you should value my honesty and professionalism. I care and I want to keep you out of trouble. So the faster you leave the U.S., the easier it will be to convince a visa officer that your overstay was brief, reasonable and won't happen again. Therefore, leave the U.S. as quickly as possible.
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That does not help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, "To finish". I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.