visa for job interview to US and change to h1b

[rsharma0409]

Hi,
I am writing to seek your valuable advice. I was working in US on my second job on approved h1 b petition after transferring h1b from previous job but never got chance to get it stamped in India. Although the first h1b was stamped. Later I had to quit my current job and move back to India in feb 2013 due to some family reasons, my petition still being valid till dec 2013. But now I am again looking for a job in US. My question is whether I can go to US for attending a job interview? Which visa I can use ? And assuming I get a job can I apply for h1b transfer again while staying in US as the old petition hasn't expired yet. Or get a fresh h1b ? What is the right thing to do in this situation.
Thanks for your time, I will really appreciate your advice.
-Raj

[nicoeppersma]

Hi,
I am writing to seek your valuable advice. I was working in US on my second job on approved h1 b petition after transferring h1b from previous job but never got chance to get it stamped in India. Although the first h1b was stamped. Later I had to quit my current job and move back to India in feb 2013 due to some family reasons, my petition still being valid till dec 2013. But now I am again looking for a job in US. My question is whether I can go to US for attending a job interview? Which visa I can use ? And assuming I get a job can I apply for h1b transfer again while staying in US as the old petition hasn't expired yet. Or get a fresh h1b ? What is the right thing to do in this situation.

If you no longer work for the company that sponsored your H-1B, you should apply for a B1/B2 visa. Using an H-1B will either get you rejected at the POE (since they will ask you whether or not you still work for the sponsoring company) or you will be committing visa fraud since the H-1B is only valid if you intent to work for the sponsoring employer.

Also, being a former H-1B holder, you should be cap-exempt.

[rsharma0409]

Thanks for your reply. I want to ask what should I say at immigration and POE when going for b1/b2 visa. Will it be good idea to mention about interview? Also is it possible for me to stay in US while applying for h1b transfer and get the status change back to h1b from b1? Lastly is there any risk getting my h1b visa stamped from India due to b1/b1 stamped earlier on passport ?

[nicoeppersma]

Thanks for your reply. I want to ask what should I say at immigration and POE when going for b1/b2 visa. Will it be good idea to mention about interview? Also is it possible for me to stay in US while applying for h1b transfer and get the status change back to h1b from b1? Lastly is there any risk getting my h1b visa stamped from India due to b1/b1 stamped earlier on passport ?

An interview is a valid reason to enter on a business visa. But make sure you emphasize that you will be entering for the interview only, not to engage in any form of employment. Having a return ticket valid for departure within 7 days (or so) will help you prove this.

I think that technically you could apply for AOS, but I would recommend not to do that, because of the 30-60 rule. This (more or less) says that if you file AOS within 30 days, you are presumed to have lied during your admission.