Need urgent help regarding B1 and H1B

[Affy]

Hi,

I have B1/B2 valid visa until 2017. One of the employers who has filed my H1B petition in September 2011 wants me to come to US on B1/B2.

His plan is this.

First enter in US with B1/B2, work in US until I get the H1B approval from USCIS, Once I get the H1B approval from USCIS then go to Canada for H1B visa stamping.

My concern and query is .

1) Will this approach lead to any difficulties in Visa stamping in Canada. How effective this approach is. Did someone already experience this kind of situation and what was the result.

Or is there any other options which is more safer than the one I described above.

Expert please reply ..

Thanks in advance...

[praki]

I would say it is very very risky to proceed forward with employer's idea .

B1 is not meant for working .
Change of status from B1 to H1 is most suspicious of all and is not suggested to pursue .

with the history above stated , if you proceed further for stamping to Canada you might ( most likely ) get stuck @ Canada with 221G for a indefinite time with bleak chances of approval .


thats my view , please wait for expert's advice as well .

[shervin143]

Every visa has its purpose. You cannot work in B1/B2. That is illegal. If you file a COS from B1/B2 to H1B, that will lead to unnecessary questions when you go for stamping. If my guess is right, this employer should be a consultancy company. They want to make money irrespective of what issues you may face in the future. If at all there are any issues, you are the one who will be in trouble for violating the B1/B2 regulation and not the employer. Get the H1B petition approved, get the H1B visa based on that petition and enter U.S in H1B visa and start working. That is the best approach.