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B1 to H1 transfer advice please

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  • B1 to H1 transfer advice please

    Hi guys,
    My situation is explained here and I need your valuable advice....
    I came to US on a B1 visa, my intention was to have some training here in US and go back to my home country ... the INS stamped my passport and gave me a permission to stay 3 months in US ... I have been there for about 2 months now. While here, I received an offer to work for some company and want to transfer my B1 visa to H1, I know that the filing work should be done by my potential employer but my concerns are listed below:
    1. What are my chances of getting the H1 visa specially the I read that the cap for the year 2007 has been reached? (does my case categorize under the cap limit or I am a different case?)
    2. Which is better for me; to leave US when my B1 visa expires and come back when H1 is officially issued or to stay here in US and wait for the result? Will this make a difference in the result?
    3. Should I attend an interview in INS or some other government place while in US and applying for the H1 visa?
    Any help would be really appreciated.

  • #2
    H1B Approval Notice

    My situation is explained here and I need your valuable advice....
    I came to US on a B1 visa, my intention was to have some training here in US and go back to my home country ... the INS stamped my passport and gave me a permission to stay 3 months in US ... I have been there for about 2 months now. While here, I received an offer to work for some company and want to transfer my B1 visa to H1, I know that the filing work should be done by my potential employer but my concerns are listed below:
    1. What are my chances of getting the H1 visa specially the I read that the cap for the year 2007 has been reached? (does my case categorize under the cap limit or I am a different case?)

    ---- You have (your employer has to) to apply for H1 starting April 2007. For this all options are closed

    2. Which is better for me; to leave US when my B1 visa expires and come back when H1 is officially issued or to stay here in US and wait for the result? Will this make a difference in the result?

    ---- It depends. If the I-797 (H1 approval notice) comes with a I-94 attached to the bottom portion, then you can continue staying in US till the validity period. If not, you may have to go to a third country get your visa stamped and then enter US on a valid visa stamp in your passport

    3. Should I attend an interview in INS or some other government place while in US and applying for the H1 visa?

    ---- The only place that you will attend for a visa interview is at a US Consulate outside US in a third country, or the country of origin. Read all other posts for more details

    Subramanya

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