H1 and B1 stamped

[hello]

Hi,

I have B1 and H1 stamped on my passport and currently I am in India.My H1B is stamped through and employer "X" and is unable to send me to US because of non-availability of projects.
Now I have got another offer from company "Y" from US who is ready to transfer my H1 and get me in US but what they are saying is that I need to enter US first on B1 and then they will file for a transfer/status change the very next day to H1. I am not sure how much legal is this ? Also he said that I need not to go back for re-stamoing or getting a new I-94.
Can someone please help me here and let me know is this process fine or not.

Regards

[kabkaba]

It is possible, but you will not be able to start working until the change of status gets approved. Also, change of status from B1 is not highly recommended.

[raghvi]

It is possible, but you will not be able to start working until the change of status gets approved. Also, change of status from B1 is not highly recommended.

To add to what Kabkaba mentioned, firstly you cant work on B1 and hence not get paid. Is the employer going to pay for your insurance, living expenses etc during this time? So make sure you plan for that no earning period.

Secondly, if for some reason your B1 to H1 is denied you would not have any job in your hand and will have to look for another job so make sure you have adequate back up plans.

This is my opinion not legal advice.

[hello]

Hi,

Employer says he will pay for my accommodation,insurance etc and will generate pay stubs only after the status change has been done.Also I would like to understand do I need to reenter US for getting new I-94 or same I-94 will work for me ?
Any particular reason why this is not recommended ? Or any idea about how much legal is this ? Are there any risks involved ?

Thanks for sharing information.

Regards

[kabkaba]

Change of status with new I-94 can be done within the US.
When you enter in B1 status, you need to have a visitor like reason and intent, such as conducting business meetings, trainings, conferences etc. When you immediately apply for change of status it shows that your intent is not really that. Subsequently when you apply for a Visa, the consular officer may object to this obvious misrepresentation and deny you the Visa.