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Visiting on B1. Also have H1B stamped. Change of Status to H1B?

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  • Visiting on B1. Also have H1B stamped. Change of Status to H1B?

    I’ve been in US on H1B for a few years.
    A few years ago, I moved back to home country. I happened to get B1/B2 visa and travelled for business a couple of times.
    A few months ago, got cap-exempt H1B stamped based on my earlier H1B. It is still valid.
    Since this stamping was done, I haven’t travelled to US for personal reasons. The end client contract through which I got this H1B is no more valid. So, I was told that I can travel on this H1B only if I have a new I-797, obtained through H1B petition approval with a new end client contract .
    I am traveling to US for a friends meet up as a visitor for a few weeks. Is it risky?
    Hypothetically, while there as Visitor, is it risky for applying for COS (with a new contract and H1B amendment)?

    Thanks,
    Prem

  • #2
    Originally posted by premkum View Post
    I am traveling to US for a friends meet up as a visitor for a few weeks. Is it risky?
    You're likely to be asked the purpose of visit. Be prepared to show ties to your home country and a return ticket.

    Originally posted by premkum View Post
    Hypothetically, while there as Visitor, is it risky for applying for COS (with a new contract and H1B amendment)?
    Never, ever enter the US on a B visa with COS intent. Hypothetically, you'll be committing visa fraud !!!!!!

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