COS from B1/B2 visa to H1b

[Sonika]

Greeting Members,

one of my friend holds valid H1b Petition but it is expiring in Sept 2014. Can she come on Visitor visa and find job and get COS from Visitor to Work visa done? Would it be consider illegal? She is not able to get interview calls as she is outside USA. She have a decent years of experience in IT and even she has done her masters from USA as well. Can you please suggest what option she has to move back to USA?

Thanks in advance!

[raghvi]

Greeting Members,

one of my friend holds valid H1b Petition but it is expiring in Sept 2014. Can she come on Visitor visa and find job and get COS from Visitor to Work visa done? Would it be consider illegal? She is not able to get interview calls as she is outside USA. She have a decent years of experience in IT and even she has done her masters from USA as well. Can you please suggest what option she has to move back to USA?

Thanks in advance!

It will not be considered illegal, but USCIS doesnt generally take a lenient approach to B1/B2 to H1 Change Of Status while in US. Also, at the port of entry, what does your friend plan to mention as reasons for entering US ?

This is my opinion not legal advice.

[Sonika]

It will not be considered illegal, but USCIS doesnt generally take a lenient approach to B1/B2 to H1 Change Of Status while in US. Also, at the port of entry, what does your friend plan to mention as reasons for entering US ?

This is my opinion not legal advice.

Thanks Raghvi,

can she say she is here for interview? is there any visa type category she can apply for to attend job interview? What is right way?

Really appreciate your input.

[snehanew]

Thanks Raghvi,

can she say she is here for interview? is there any visa type category she can apply for to attend job interview? What is right way?

Really appreciate your input.

She can give reason as interview but need to produce some evidence if asked in POE