B1 - H1b

[soumya19]

gurus,
i am here in USA for 2 weeks on B1. I have a approved H1 petition, i am just wonder to know, if i am eligible to convert my status from B1 to H1. if so how long do i have to wait to start applying. plz let me know.

[peace]

Yes, you are elgible. You can apply now but remember there is a difference between changing status and applying for an H-1 at embassy at home.

Your I-94 will be stamped H-1 but if you have to travel home, you won't be able to return on that stamp, you will have to get an H-1b visa stamp from the embassy. So, it is always better if you apply for the H-1 visa at home to begin with, than change status.



gurus,
i am here in USA for 2 weeks on B1. I have a approved H1 petition, i am just wonder to know, if i am eligible to convert my status from B1 to H1. if so how long do i have to wait to start applying. plz let me know.

[soumya19]

Thanks a lot for the reply. Please let me know how long should I wait to apply for change of status from B1 to H1b...Is there any amount of time period I need to wait to apply ??

Thanks in advance......

[peace]

Did you have an approved H-1 petition when you were in INdia or did you get it after you entered US on B1?
If the first is correct then why did you not apply for an H-1 in INdia and enter on an H-1?
If the second is correct, how come you got an approved petiton so fast in 2 weeks?


Thanks a lot for the reply. Please let me know how long should I wait to apply for change of status from B1 to H1b...Is there any amount of time period I need to wait to apply ??

Thanks in advance......

[soumya19]

I got my H1 approved when i was in India only. 2 months after my approval i happend to enter US on B1. So let me know if i can apply for a change of status from B1 - H1B now. in this case how many days after entering US should i wait to apply for the chang of status????...

[peace]

Time of application won't matter because they will come to know you entered on a B1 with an already approved H-1 petition which meant you had preconceived intent to change status. Which means you lied to the officer while entering on a B1. If I were you , I'd come back to India and apply for an H-1 at the embassy , because that would be the safest thing to do . If you do not want to come back, talk to a good immigration attorney about it.


I got my H1 approved when i was in India only. 2 months after my approval i happend to enter US on B1. So let me know if i can apply for a change of status from B1 - H1B now. in this case how many days after entering US should i wait to apply for the chang of status????...

[mkmoorty]

Dear Peace,

Your assistance and patience are excellent
my best regards to you

Moorty:cool:

[peace]

MOORTY,
Thanks a lot for the compliment.
I try to do my best from whatever I know from experience.


Dear Peace,

Your assistance and patience are excellent
my best regards to you

Moorty:cool:

[soumya19]

Dear all,
thank you very much for the help and support, but finally today my status change is done i got it approved form B1-H1. i filed it on 22nd and did a premium process and on 29th i got the approval notice. i am waiting for the original document in hand but i have a e mail approval notice!!!

thanks a lot....

[peace]

That is great.
When did you enter US and when did you file form I-539( form to change status).

What is the premium process you are talking about? Is it for H-1 petition or I-539? I thought you already had an approved H-1 petition.

Thanks

[soumya19]

Yes i had a approved H1 potion. My lawyer did a counter process for i-539. i entered US on 14th of November and started filing on 21st of Jan. The documents reached them on 25th of Jan and my case got approved on 29th of Jan.

Thank you

[peace]

What is a counter process for I-539?
Do you have a new I94 with an H-1 stamp?

Usually it takes a few months for I-539 (change of status) even if you have an approved H-1.
Thanks

[ramthi]

Hi All,

I am currently in the US on a B1 Visa Status. Before I left India, I had a H1 B Visa Approval. Due to time constraint, I could not get the Visa Stamped. Can I go to Mexco and get the stamping done.

I have lived in the US before on a H1 B Visa and hence have a Valid SSN. Also I have visited US Numerous times on a B1 and have several B1 Stampings. Will this help. Please let me know

Thanks,
Ramesh

[kumarajay85]

Hello Sir/Madam,

It will be great if you help in this problem.

I went USA in 2007 and came back in Sept 2009. I had a approved renewal copy, so I went for visa stamping again on November 2009. They gave me green 221g and ticked all boxes on to that.

After getting 221g, I joined company B in India and started working. After 3 months They also wanted to send me USA. So They processed my B1 and I went to usa on that. After 2 months my old employer filed my Change of Status and it got approved. So I started working with client of old employer. And they also replied the old 221g to get cleared.

After 3 monts my wife went for visa stamping and they gave 221 g with all check box ticked. We submitted those documents then she got an email after 2 weeks that I need to be appear with her.

I came back to India and appered with her in US consulate Delhi. They cancelled my B1 and aksed again 2 years w2 of petitioner and client letter on green 221g.

I already submitted all docs 4 weeks back but still no reply.

IS THERE ANY POSSIBILITY THAT I WILL GET THE VISA STAMPED ? MY CLIENT IS STILL WAITING FOR ME THERE TO JOIN.

PLEASE ADVICE...