Unused H1 transfer from B1/B2

[tarun15june]

Dear experts,

Please advise.

Background -

I have 2 US visas (B1/B2 & H1b) both stamped on my passport. My B1/B2 was stamped for 10 years and has 2 years validity left. My H1 was initially stamped on my passport through employer A in Dec 2012 till September 2015 on which I have never traveled to US.


Questions -

1) Can I travel to US on my B1/B2 and can get my status changed in US once I have an offer through company X.

2) Does the 6 years count begin once I enter in US on H1 or ist when the petition was last approved.

3) What happens if I travel on B1/B2 will the immigration officer cancel my H1?

4) Once an employer X file for I 129 do I have to be out of states till my I 129 petition gets approved?

5) What is the success rate of such conversion from B1/B2 to H1 where both are approved?

[raghvi]

Dear experts,

Please advise.

Background -

I have 2 US visas (B1/B2 & H1b) both stamped on my passport. My B1/B2 was stamped for 10 years and has 2 years validity left. My H1 was initially stamped on my passport through employer A in Dec 2012 till September 2015 on which I have never traveled to US.


Questions -

1) Can I travel to US on my B1/B2 and can get my status changed in US once I have an offer through company X.

2) Does the 6 years count begin once I enter in US on H1 or ist when the petition was last approved.

3) What happens if I travel on B1/B2 will the immigration officer cancel my H1?

4) Once an employer X file for I 129 do I have to be out of states till my I 129 petition gets approved?

5) What is the success rate of such conversion from B1/B2 to H1 where both are approved?

1. Yes you can.
2. 6 Year begins when you move to H1, either as a COS from another Status or when you enter US on a stamped H1.
3. Most probably not. But they can, they can also mark no COS which would not allow a COS while in US on B1/B2.
4. Not necessarily.
5. No data is available in public domain to determine that. USCIS is not very fond of COS especially B1/B2 to another status. But that doesn't mean they dont approve them. If there are genuine reasons , they do approve.

This is my opinion not legal advice.