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Visiting USA on B2 for job hunt while H1B is in process

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  • Visiting USA on B2 for job hunt while H1B is in process

    Hi,

    I need one advice.

    I have a sponsor (consultancy company) who insists that after applying h1B visa (in April 2016) and once my petition is approved (i.e. selected in lottery) I should visit USA on my B2 visa (which is valid till May 2017) and try to get clients/job there. Once I get a job there, he then wants to file to "make amendments to change my B2 to H1B".

    Q1) I am a little scared. Is this illegal?
    Q2) If I do as he says, and go to USA on B2 once my H1b petition is approved, then wont the immigration officer come to know about this and question me and stop me?

    I dont want to spoil my chances of visiting USA even as a visitor because my entire family is there.

    Please if someone is aware about this process, do let know its pros & cons.

    Thanks.

  • #2
    Originally posted by DilNav View Post
    Hi,

    I need one advice.

    I have a sponsor (consultancy company) who insists that after applying h1B visa (in April 2016) and once my petition is approved (i.e. selected in lottery) I should visit USA on my B2 visa (which is valid till May 2017) and try to get clients/job there. Once I get a job there, he then wants to file to "make amendments to change my B2 to H1B".

    Q1) I am a little scared. Is this illegal?
    Q2) If I do as he says, and go to USA on B2 once my H1b petition is approved, then wont the immigration officer come to know about this and question me and stop me?

    I dont want to spoil my chances of visiting USA even as a visitor because my entire family is there.

    Please if someone is aware about this process, do let know its pros & cons.

    Thanks.
    Searching for jobs while on B2 is not allowed. And I dont understand the point that your employer is asking you to search for clients/jobs. On what basis would he apply for H1 petition in the first place? The whole basis of H1 is that there already is a job in US for which local talent is not available. The immigration officer would grasp this and might reject your H1 visa.

    This is my opinion not legal advice.

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