b1 to h1b without exiting USA

[h1bb88]

Can I enter on B1 before or after Oct1st which i have even though i have the h1b approved but not stamped.

Would i be able to stay there and need not come back to get the h1b stamped by AoS.

Any issues in this case ?

I am little apprehensive after hearing all these 221g cases and do not want to chance it.

Also wouild my B1 be cancelled if h1B is approved or would i have both available as per situation

Thanks Pls do reply

[C4us]

You should not use your fear of getting an RFE on you application as a reason to enter on B1 (Do you have a valid business reason to do so?) and do a COS. You realize that a COS requires several months to process, may be denied or may generate an RFE. You cannot work until you receive an I-94 for your H-1B. Your authorized entry on B1 may not be long enough to cover the COS anyway.

Do you have some reason to suspect you will receive a 221g? Do you suspect your employer is a fraud? Are your documents ****? If not, you should not worry. Why don't you just do it the right way and get your visa stamped and enter on H1B rather than try to scam the system.

[h1bb88]

Thank you for your views. I agree with you I am concerned as I have been on unpaid vacation for last 10 months with my present employer due to personal reasons. This is my concern that I may be denied the visa.

I feel if I continue from here on with my present employer in USA on B1 and file for AoS for moving to the new H1B filing company there I would be assured of the visa.

Thank you

[C4us]

COS would not assure you of the visa; a denial would require you to leave the country and get stamping anyway.

You will need to be actively working for your current employer to enter using B1 to do his business. Why do you not just return to work now and go for stamping in a couple of months or a year if it is acceptable with your H1B employer.

You should not be overly concerned about your unemployment if there is a valid reason for it. "Personal reasons" is very vague. If you were on maternity/paternity/family or medical leave, have documentation in case there is a question. If you took a break to return to school or take some additional training, that is OK as well. The only thing that I can think of hard to explain is what Americans call "finding themselves;" in other words, doing nothing for no good reason.

VOs are not "out to get" you. They are required to make sure employers and employees meet the requirements of the program. It is better that you find out if there is a problem with your future employer before you quit your job and travel to the US where you will be without income and a support system. Applicants often create their own problems by creating false documents or padding their resumes and deserve no sympathy.

Whatever you do, do not try to coverup the unemployment with **** documents as some of your acquaintances might suggest. This can get you permanently banned from the US for misrepresentation.

A final suggestion, you could take a consultation in your home country with a US immigration attorney and provide him/her with all the details of your case. You should get a very good feel for the most likely outcome of your interview because the attorneys are familiar with the local consulate. If the case does not look good, he can suggest how to make it better.

[h1bb88]

Thank you for the answer in detail. You have been very helpful.

my personal reasons are because i went thru a divorce and all the legal boo-haa. Then i have decided to finish off my pending educational projects.

I will try and speak with someone locally to see whats the best way to handle this. And as you rightly said I could restart work and go for the interview later.

Would you be in the know of the average time it takes for CoS normally
Thanks