Transfer from B1/B2 to H1B Visa??

[Mudita]

Dear All,

If one comes to US on a B1 and then in sometime apply for H1, is that legally allowed?

Secondly if it is allowed, then can one start working immediately OR one needs to come back to local country(India) to get H1 stamped and then only can come back and work?

Regards,
mg

[shervin143]

If one comes to US on a B1 and then in sometime apply for H1, is that legally allowed?
>>>> It is allowed. But it is not advisable. Entering U.S in B1/B2 to search for jobs is illegal.

Secondly if it is allowed, then can one start working immediately OR one needs to come back to local country(India) to get H1 stamped and then only can come back and work?
>>>> If it is a COS from B1/B2 to H1B and if the COS gets approved, then you can start working without having to go for the stamping. However, I would suggest you not to apply for H1B with COS from B1/B2. Instead, apply for consular process and when approved, go back to India, get it stamped and enter U.S in H1B.

Assume that you get the H1B petition approved with COS and you start working in the US. When you go for H1B stamping in India, there are high chances of rejection. This is because B1/B2 has a non-immigrant intent and changing the status to H1B within the US sends the wrong signal to the Consular officer during stamping.