Firstly an I-94 is NOT a visa! An I-94 is a record of arrival/departure of the United States.
A visa is a classification such a B, J, F etc. Each visa classification identifies the purpose of your stay in the United States.
To answer you question, no you may not file to adjust your status to that of an H1B, it isn't possible, not even if you have found an employer to sponsor you for this visa.
Secondly, if you have found an employer to sponsor you and you are here either on the visa-waiver program or a B-classification visa then you have already violated the condition of your stay in the United States by actively seeking employment.
The answer is no!
2007-11-21 16:36:08
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answer #1
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answered by CPG 7
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You can't, you have to be sponsored by a company for an H-1b visa. An I-94 is your permission to be in the United States and states your non-immigrant classification and authorized period of admission. By the way, if you entered under visa waiver or a b visa and you are working, you are in violation of status and subject to removal(deportation).
2007-11-22 06:32:35
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answer #2
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answered by ed 4
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Not sure. I-94 states what your status is- student, visitor, journalist, religious, etc. You'll need to process your change of status through INS. I'm guessing you've found an employer and need to do this. Go to your nearest INS office and ask them if you can change your current status to H1-B.
2007-11-22 00:18:33
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answer #3
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answered by going_for_baroque 7
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What you are asking is if you can change your status to H-1B. The answer is: "It all depends." Here's the actual section of law governing change of nonimmigrant status.
Sec. 248 of the INA says: The Secretary of Homeland Security may, under such conditions as he may prescribe, authorize a change from any nonimmigrant classification to any other nonimmigrant classification in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status and who is not inadmissible under section 212(a)(9)(B)(i) (or whose inadmissibility under such section is waived under section 212(a)(9)(B)(v)) , 1/ except 2/ (subject to subsection (b)) in the case of-
(1) an alien classified as a nonimmigrant under subparagraph (C), (D), (K), or (S) of section 101(a)(15) ,
(2) an alien classified as a nonimmigrant under subparagraph (J) of section 101(a)(15) who came to the United States or acquired such classification in order to receive graduate medical education or training,
(3) an alien (other than an alien described in paragraph (2)) classified as a nonimmigrant under subparagraph (J) of section 101(a)(15) who is subject to the two-year foreign residence requirement of section 212(e) and has not received a waiver thereof, unless such alien applies to have the alien's classification changed from classification under subparagraph (J) of section 101(a)(15) to a classification under subparagraph (A) or (G) of such section, and
(4) an alien admitted as a nonimmigrant visitor without a visa under section 212(l) or section 217 .
2007-11-22 10:07:00
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answer #4
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answered by Fred S 7
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