b1/b2 switch to h1b

[JKLivin]

Hi there

I'm a South African guy who has been offered a great job in the US and they want me to start in Jan 2014. If I wait for the h1b I will lose this opportunity so I was thinking of doing the following:

- Coming into the US in Jan on my b1/b2 visa and working for this company, however not being paid in the US and instead in SA. I say to the immigration officer that I'm having an extended vacation and in April I apply to switch to the h1b.

Please let me know your thoughts of whether I can do this and not get into trouble.

Thanks
Ross

[raghvi]

Hi there

I'm a South African guy who has been offered a great job in the US and they want me to start in Jan 2014. If I wait for the h1b I will lose this opportunity so I was thinking of doing the following:

- Coming into the US in Jan on my b1/b2 visa and working for this company, however not being paid in the US and instead in SA. I say to the immigration officer that I'm having an extended vacation and in April I apply to switch to the h1b.

Please let me know your thoughts of whether I can do this and not get into trouble.

Thanks
Ross

First of All working on B1 is illegal irrespective where you get the money paid. As long as you work on US soil you need proper authority to do so.
Secondly, a fresh H1 though applied in April 2014, can only start from 01-Oct-2014. If you enter on B1 in Jan 2014 , if you are lucky, you will be given an I-94 for 6 Months that is till June 2014, on what visa are you going to stay from June till Oct 2014? You cannot stay just because you have a pending H1 application.
Lastly, there is high likelihood of a B1 to H1 rejection as USCIS is skeptical of such conversions (unless of course there are genuine business reasons for doing so).

This is my opinion not legal advice.