Have both H1B & B1/B2 valid stamped. COS from Vistor to H1B?

[premkum]

I’ve been in US on H1B for a few years.
A few years ago, I moved back to home country. I happened to get B1/B2 visa and travelled for business a couple of times.
A few months ago, got cap-exempt H1B stamped based on my earlier H1B. It is still valid.
Since this stamping was done, I haven’t travelled to US for personal reasons. The end client contract through which I got this H1B is no more valid. So, I was told that I can travel on this H1B only if I have a new I-797, obtained through H1B petition approval with a new end client contract .
I am traveling to US for a friends meet up as a visitor for a few weeks. Is it risky?
Hypothetically, while there as Visitor, is it risky for applying for COS (with a new contract and H1B amendment)?

Thanks,
Prem

[raghvi]

I’ve been in US on H1B for a few years.
A few years ago, I moved back to home country. I happened to get B1/B2 visa and travelled for business a couple of times.
A few months ago, got cap-exempt H1B stamped based on my earlier H1B. It is still valid.
Since this stamping was done, I haven’t travelled to US for personal reasons. The end client contract through which I got this H1B is no more valid. So, I was told that I can travel on this H1B only if I have a new I-797, obtained through H1B petition approval with a new end client contract .
I am traveling to US for a friends meet up as a visitor for a few weeks. Is it risky?
Hypothetically, while there as Visitor, is it risky for applying for COS (with a new contract and H1B amendment)?

Thanks,
Prem

It is generally not approved. The officer at POE might also annotate, no EOS/COS while allowing entry into B2.

This is my opinion not legal advice.

[daggit]

http://www.immihelp.com/forum/showthread.php/204812-Visiting-on-B1-Also-have-H1B-stamped-Change-of-Status-to-H1B

(PS: The fact that you posted in this forum suggests an active consideration of.. rather than a mere hypothetical.. changing status once entering on an existing B. Bad idea!!)