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  • B1 to H1

    Hello,

    Is there any clear cut information on this. I see only postings, no replies on this topic.

    A consultant in India is telling me he can get me a multiple-entry business visa through his own company and once I am in the US he can get it converted to a regular H1.

    He is also sincere in the fact that the lottery/quota system of H1B will not affect me because things are different when I am already in the US.

    Some posts suggest otherwise.

    I simply need to know if this guy is leveling with me or not.

    Thank you.

  • #2
    For you to be eligible for a cap exempt H-1, your employer who files an H-1 petition for you, has to be in the CAP EXEMPT category. It does not change anything just because you are in US.

    I think he is not being honest. He may get you a B1 but once you are in US,
    you may not see an H-1. Cap exempt categories are limited ;

    A higher education institution, or a non-profit research organization, or a governmental research organization.

    I would advise you to talk to your consultant in detail, about your future employer would be and whether he meets the CAP EXEMPT category.

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