H1 Validity & Extension

[cheeenooshukla]

Hi Guys, Advice Needed please.

My H1 Application got selected and approved in May 2008 Lottery. I went to US on B1 visa in Nov 2008 through a Consulting Company and got my Change of Status done in USA from B1 to H1 in Nov 2008 only within 2 Weeks of my Arrival to USA through Premium Processing as I already had the Approved H1B I797C Petition so I got a revised I-94 with expiry date as Nov-2011 and status as H1 for 3 Years. But due to very bad economy that time, I came back to India in Feb 2009 after spending 4 Months on Bench for lack of Projects and Contracts and without any Payslips generated.
Previously in year 2007, I had been to USA on L1B Visa for 8 Months. Currently I have a 10 Year B1 Visa stamped on my Passport. So I have few Queries.

1. On my H1 which got selected/approved in May 2008,I have been in USA only for 4 Months on H1 Status. So is my H1 still valid to be extended ? The first time when I got Change of Status done from B1 to H1, I got the new I-94 with H1 Status and Expiry Date as Nov-2011.(3 Years from Nov 2008 to Nov 2011). But I came back to India in 4 Months only. So do you think if I again go to USA now on B1 and get Change of Status to H1 again ?
2. Is my H1 still valid to be extended ? If yes, will I get it extended to a total of 5 Years again as I stayed on L1B visa for 8 months with Salary Slips and 4 Months on H1 Status without Salary Slips so will I get the remaining time also extended i.e. 2 years more after deducting 1 year from total 6 years ?
3. Is it safe to go on B1 and get Change of Status again ? I did this back in Nov 2008 also, around 5 Years back. Will the USCIS ask me for the Salary Slips for the 4 Months I stayed on H1 from Nov 2008 to Feb 2009 while doing Change of Status. There is no H1B Visa Stamping on my Passport as I got a Change of Status earlier.

Thanks
Cheenoo

[Nattybone]

Hi Guys, Advice Needed please.

My H1 Application got selected and approved in May 2008 Lottery. I went to US on B1 visa in Nov 2008 through a Consulting Company and got my Change of Status done in USA from B1 to H1 in Nov 2008 only within 2 Weeks of my Arrival to USA through Premium Processing as I already had the Approved H1B I797C Petition so I got a revised I-94 with expiry date as Nov-2011 and status as H1 for 3 Years. But due to very bad economy that time, I came back to India in Feb 2009 after spending 4 Months on Bench for lack of Projects and Contracts and without any Payslips generated.
Previously in year 2007, I had been to USA on L1B Visa for 8 Months. Currently I have a 10 Year B1 Visa stamped on my Passport. So I have few Queries.

1. On my H1 which got selected/approved in May 2008,I have been in USA only for 4 Months on H1 Status. So is my H1 still valid to be extended ? The first time when I got Change of Status done from B1 to H1, I got the new I-94 with H1 Status and Expiry Date as Nov-2011.(3 Years from Nov 2008 to Nov 2011). But I came back to India in 4 Months only. So do you think if I again go to USA now on B1 and get Change of Status to H1 again ?
2. Is my H1 still valid to be extended ? If yes, will I get it extended to a total of 5 Years again as I stayed on L1B visa for 8 months with Salary Slips and 4 Months on H1 Status without Salary Slips so will I get the remaining time also extended i.e. 2 years more after deducting 1 year from total 6 years ?
3. Is it safe to go on B1 and get Change of Status again ? I did this back in Nov 2008 also, around 5 Years back. Will the USCIS ask me for the Salary Slips for the 4 Months I stayed on H1 from Nov 2008 to Feb 2009 while doing Change of Status. There is no H1B Visa Stamping on my Passport as I got a Change of Status earlier.

Thanks
Cheenoo

Hello, Cheenoo.

Response 1) Filing for a COS from B1/B2 to H1B is not taken very nicely. They approve it as there is a provision but they might next time ask you to go for Consular Processing. And once you come for Consular Processing, they will not like it when you tell them that you did a COS from B1. B1 is meant for short business trips, exhibitions etc. What you can do is, enter on B2 (holiday), find a job and let them file for a H1B under Consular Processing. You travel back to India and have it stamped from here. This is my personal opinion.
Response 2) Yes. Your H1B is valid and can be revived. I want to ask you, how did you maintain H1B status if your payroll was not run and there are no salary slips?
Response 3) Same as response 1.

I hope this helps.

Wishing you luck.

Cheers,

[cheeenooshukla]

H1 Validity & Extension

Hi Nattybone,

Thanks a Bunch for your quick Response. Really appreciate that. I don't know how but it was all managed by my H1 Sponsoring Company. I came to US in first week of Nov 2008, got approved the Change of Status from B1 to H1 with effect from last week of Nov 2008 for 3 Years. In between, my Employer gave me 2 Salary Slips i.e. for Dec 2008 and Jan 2009. In Feb last week, I myself came back to India. I was not given any W2/W4 from my Employer. Later when I checked with the IRS, I found no tax was deposited for the same tenure. So do you think my total Income was very less for the whole year to pay any taxes ? So was I really out of status ? I went to USA 1 year later in 2010 again for a short business trip on B1 and there was no questioning regarding my earlier visit / change of status at the port of entry. Can you please advice again Dear.

Thanks
Shukla.