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Need help... B1 to H1B, Cap exempt question

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  • Gokhanbas
    replied
    Originally posted by raghvi View Post
    B1/B2 to H1 Change Of Status is technically possible. You would be cap exempt, but USCIS doesn't easily approve a B1/B2 to H1 COS.

    Are you on B1 or B2? If on B1 whats the business purpose you are on?

    This is my opinion not legal advice.
    Thank you, I appreciate you responding.

    I am on B2. So, apparently, I have to go back home, but I will be cap exempt.
    Can they apply and process while I'm here, so that I can take the petition with me, go home and come back with it? Or should the applying process happen while I'm home?

    Thank you in advance,

    Leave a comment:


  • raghvi
    replied
    Originally posted by Gokhanbas View Post
    Hi.

    -I got my H1B last year, October 2013 from Employer A.
    -I went back home on Christmas, got my H1B stamped (Valid for 3 years) and came back to US with H1 visa.
    -Right after I came back, by the end of January 2014, I was laid off (no projects to work on)
    -I left US in March, and came back in April using my B1 VISA that I have previously received. I'm still in the US under B1
    -Employer B is putting together an offer for me.

    What will be my process at this point? Am I subject to cap exempt? Can they fill for cap exempt while I'm here on B1? Do I need to go home and come back with new petition or can I be transferred from B1 to H1 without going home?

    Please help.
    B1/B2 to H1 Change Of Status is technically possible. You would be cap exempt, but USCIS doesn't easily approve a B1/B2 to H1 COS.

    Are you on B1 or B2? If on B1 whats the business purpose you are on?

    This is my opinion not legal advice.

    Leave a comment:


  • Gokhanbas
    started a topic Need help... B1 to H1B, Cap exempt question

    Need help... B1 to H1B, Cap exempt question

    Hi.

    -I got my H1B last year, October 2013 from Employer A.
    -I went back home on Christmas, got my H1B stamped (Valid for 3 years) and came back to US with H1 visa.
    -Right after I came back, by the end of January 2014, I was laid off (no projects to work on)
    -I left US in March, and came back in April using my B1 VISA that I have previously received. I'm still in the US under B1
    -Employer B is putting together an offer for me.

    What will be my process at this point? Am I subject to cap exempt? Can they fill for cap exempt while I'm here on B1? Do I need to go home and come back with new petition or can I be transferred from B1 to H1 without going home?

    Please help.

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