Requesting B1 Visa while H1 is under review

[Mayur76]

Hello,

My I94 on B1 Visa is about to expire on July 9th ,2014 and my employer has agreed to file for my extension for 2-3 months. At the same time, my H1 visa is under review and am awaiting the final decision . My questions are the following

1) Does the B1 extension get approved easily?
2) If it is extended, will there be any effect on the H1 approval?
3) Once I get my H1, will I still be on the B1 status until I go back to India and return back with H1 stamp?

I would appreciate the assistance in clearing these queries. Thanks

[peace999]

first of all ;what do you mean by your H1 visa is under review; is your H1b petition approved by the USCIS?

[sangeetaL]

Do NOT take such risks...

hi
from what i understand. your h1 case was accepted in lottery this year. and is currently in RFE.
and you are on b1 in USA i94 expiring in July. you want to file for extension as if it is approved you will change your status to h1 without exiting usa.
if above is the case..

please do NOT file for your b1 extension. USCIS will have on record that you have filed for your H1. and therefore you will not get an extension.
Also, it will make it clear to them that initially when you entered on B1, your intent was to stay back in US which means that you potentially lied at POE.
And, they might doubt that you are currently not on business but working in US and getting paid in cash.

all the above, will make a difference when you actually go for stamping. which im sure you will have to in the next 6 years.
Also, it can affect your RFE.

please exit usa in time or as early as possible to avoid such confusion. Remember you got selected in lottery with 50-50 odds. dont waste it

Regards
SangeetaL
Sr. Visa Counselor
Allied Visa Services