H1B1 Visa

Frequently Asked Questions & Answers

21. Can I change my status to H-1B1 if I am already in the US?

If you are in the US in a nonimmigrant visa category that allows a change of status, then you may apply for a change of status to H-1B1 status.

22. Can I change my status from H-1B1 to any other nonimmigrant visa category?

Yes. You can change your status from H-1B1 to any other visa category that you qualify for.

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23. Can I apply for Green Card or can I seek permanent residency from my H-1B1 status?

The H-1B1 Visa does not support the doctrine of dual intent, therefore once you have begun the permanent resident process you cannot extend your H-1B1 status. However, you can apply for a change of status to a regular H-1B during this process.

24. Can I change my status from H-1B1 to regular H-1B and then apply for the Green Card?

Yes. If you truly intend to pursue a Green card, you should first switch to a regular H-1B visa and then proceed with your green card application process.

25. Are medical doctors from Chile and Singapore allowed to come to the US on an H-1B1 Visa?

Generally, as with the regular H-1B, physicians from Singapore and Chile may be granted H-1B1 status only if their employment involves research and teaching, with any patient care incidental to such duties. However, the bar on providing direct patient care has been eliminated for physicians with the appropriate state license, and who have passed the FLEX examination or USMLE Parts I, II, and III, and ECFMG English test if applicable.