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  • B1 to HI

    Hi,

    This is for my Brother. He has a B1 visa for 10 years. He visited usa twice.
    Now he wants to come to usa using his B1 and shift to H1 .

    1)Can we apply for a H1( is this restricted by a H1 quota)
    2)What are the chances that the H1 will be approved.

    Thanks
    Sunil

  • #2
    Of course, the quota applies to B1 visa holders unless they have a job offer from a cap exempt employer.

    He may find an employer to apply for him in April 2009 for start in Oct 2009 if his petition is selected in lottery and approved.

    There is a zero chance of his getting an approval to change from B1 to H1B any time soon and less than 50/50 in 2009. He should not count on getting work authorization.

    If he is in the US on B1, he should be working for his employer - not looking for a job with a US employer. That is not proper use of a B1 visa.

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