In US on a B1, willing to file H1B

[mgargm]

Hi,

I am in US on a B1 visa and willing to file a H1B so that I can work here.
I have contacted some H1B sponsoring agencies here and they say that they can file it for me. They also say that when filing a petition from US, chances of rejection are less. They also say that if we go with premium processing, I can get the H1B in 1 month. My questions are:

1. Is it right to file a H1B while I am on a B1 in US?
2. Is it true that chances of rejection are less if the visa is filed from US?
3. Is it true that in premium processing, visa approval/denial happens in 1 month?
4. They also say that I need to be in US until the H1B is approved/denied. Is this mandatory?
5. They also say that there are chances that I will not need to go for the visa interview, if it is filed while I am in US. Is this true?

Kindly help!

[shervin143]

1. Is it right to file a H1B while I am on a B1 in US?
>>> It is not advisable to file the H1B as a COS. But they can file the H1B as a consular process. When the petition gets approved, you have to go back to your home country, get the H1B stamped and return back in H1B visa and the approved H1B petition.

2. Is it true that chances of rejection are less if the visa is filed from US?
>>> Chances of rejection is more if a COS if filed from B1/B2 to H1B.

3. Is it true that in premium processing, visa approval/denial happens in 1 month?
>>> You will get a decision within 15 days.

4. They also say that I need to be in US until the H1B is approved/denied. Is this mandatory?
>>> If the H1B is filed as a COS, then YES. If it is filed as a consular process, then NO.

5. They also say that there are chances that I will not need to go for the visa interview, if it is filed while I am in US. Is this true?
>>> If it is filed as a COS, then the approval will come with a new I-94 and you don't have to go for stamping. Yo can join the employer and start working. However, you can face a lot of questions while you attend the visa interview the next time about your intention of travelling to U.S in B1/B2. It would show that your intention was actually to find an employer and work n U.S which is not the purpose of B1/B2. If the petition gets approved for consular process
(approval without I-94), then you cannot work for the employer unless you leave the country and return back in H1B visa.