CP if changed from B-1 to H-1B while in the US

[shuraz]

Hello all!

Does anyone have an idea/experience about how safe it may be to go for CP if I initially entered the US on B-1 -> switched to H-1B -> applied for GC (EB-2)?
The rumors are that the Consulate (Moscow) that issued B-1 may refuse IV 'cause I had entered the US with the "Dual Intent" (visitor, than switched to H-1B) 8)
Thanks!

[abu lafya]

First, I think it is unlikely to happen. If all other INS petitions since were approved, it is unlikely that their going to intervene now.

But, if anything, it would certainly depend on passage of time between when you entered with B1 and to when you applied for H1. Then, passage of time between H1 to application for LC.
There is the 30/60 days rule, if your case was >60 for each than it is safe.

[shuraz]

CP if changed from B-1 to H-1B while in the US

Dear Abu Lafya,
Thank you for your response.

Time period btw B-1 entry and H-1B RD was 5 months.

Time period btw H-1B RD and LC PD was 19 months (or 15 months to the beginning of advertising for the position).

Does it sound like a safe bet then?
Thank you!

[kw177]

CP if changed from B-1 to H-1B while in the US

Not legal advice:

Firstly by Changing from B1 to H1 you do not neceserrily show immigrant intent since you went from one temporary non immigrant visa to another temporary non immigrant visa.

Had you filed the LC while you were still on your B1 then they may read something into it but you diddn't.

Also it seems that you have always been in status so they would have no reason to refuse you on that basis.

As long as you did not violate the terms of your B1 (and obtaining another nonimmigrant status would not do that) and did not violate the terms of your H1B (and filing an LC would not do that) then you should have no problem.

As always though you should consult a good lawyer to discuss the options available to you - but I can't think of a reason for you to be rejuected (though obviously my experience is limited to just one case, mine).

[shuraz]

to Immihelp

Dear Immihelp,

Do you have any comments on this issue?

Thank you.

[abu lafya]

You have nothing to fear.
If you are hesitant to do CP because of this, you are making a mistake (unless you have better reason).

INS might HAVE question your intent if you came on B1 and immediately after that filed H1. I understand that your H1, LC, I140 were approved. You can relax and do CP there is nothing special about your case.

[shuraz]

RE: CP if changed from B-1 to H-1B while in the US

Abu Lafya,

Indeed, my employer is ABOUT to file the I-140, and I have to make up my mind about CP vs. AOS.
Having had discovered the CP option only a day ago, I am having a hard time accepting this "not-perfectly-safe" option.
I have no special reason not to do CP other than notorious "security concerns".
Just being hesitant....

[kw177]

CP if changed from B-1 to H-1B while in the US

If you are filing I-140 put down CP anyway. If you change your mind and go for AOS it is relatively straightforward to change over. However the reverse is not true. If you put down AOS and decide to change to CP you will have to file I824, do some more waiting for who knows how long etc.....

[abu lafya]

Re: RE: CP if changed from B-1 to H-1B while in the US

I don't know what security concerns you are talking about.
If CP vs. AOS in general, then CP is much safer.
click on Analysis there is an article about CP vs. AOS.

[shuraz]

to Abu

Abu,

Could you please email me the name of the site to ...? As you can see the name is not legible in your post.

Thanks!