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How to avoid issues in COS from B to H1

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  • How to avoid issues in COS from B to H1

    Situation is:
    I am a national of Tunisia, I was hired by a Tunisian company in July 2009. Company’s headquarter based in US, they requested me to come to US for knowledge transfer and participate in design sessions etc....

    In July 2009 I got first B1 stamped (1year/1 entry):
    ----------> entered the US using this VISA for a Business trip stayed July/August/Sep

    In March 2010 I got another B1 stamped (10years/multiple entries)
    ----------> entered the US using this VISA for a Business trip stayed March/April/May
    ----------> entered the US using this VISA for a Business trip stayed September/October
    ----------> during the previous stay I also went to Mexico for a Tourism trip ( weekend ) and entered back the US and then spent a week in US before going back to Home country Tunisia

    -
    I changed employer and I am currently resident in Belgium (Europe) under work permit.

    Since I am actively looking for H1B sponsorship; I was contacted by a consultancy firm in US; they sent me the contract to sign.

    They advised to enter the US under B2 status in October using my stamped VISA; Saying that they will do change of status to H1B and apply for EB2 green card.


    Questions:

    1. Is it really OK to have change of status? Aren’t there any associated risks with CoS?
    2. If I would come in October and let's assume I had H1B approval during my stay, they would normally ask me to start working.
    3. Wouldn’t it be better to stay Belgium, wait for H1 approved, stamp it and then come to US?
    4. In this case (3), shall the H1b be stamped from country of residence of home country Tunisia?



    Concerns:
    The contract stated that I can't take any vacation until after working a full year with them.
    The contract stated that it is valid from the date of H1 approval and the starting day; SO I am assuming they would request me to start working once H1 is approved; and given the fact that l have no vacations I won’t be able to go back and stamp H1 out of the states.
    After one year working I know it will be very risky to stamp my H1.

    I am just anticipating they know this scenario and I will be stuck in the US.

    Advises are welcome,
    Thanks.

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