Change of visa status from B1 to H1B

[sumanth4u1]

Hello All,

I have a query. I have H1B with stamping valid till Aug 2010, but I didnot travel anytime on the visa. I have valid B1 issued in Oct 2010 valid till Oct 2020. Can i know whether i can travel to US on B1 and apply for Change of status to the H1B. Are there any consequences and how long the process takes for this purpose.

Also, please let me know whether there will be any issue in consulate /POE during next travels.

Thanks and Regards,
Sumanth

[shervin143]

First of all, it is illegal to travel in B1 to search for jobs. Second, it is never advisable to travel in B1 and then file a COS from B1 to H1B. This will show that your primary purpose of traveling in B1 is to look for jobs. USCIS may ask for explanation for this or when you attend the visa interview next time, the consulat can question you about your B1 travel. Also, you cannot work until you get your status changed to H1B. Since you already have a H1B approval, any employer can file a new H1B petition using the CAP from the previous petition and request an immediate start date. The best option is to find a H1B sponsor from your home country, get the H1B petition approved and then travel to U.S using the bewly approve dpetition and any valid H1B visa.

[sumanth4u1]

Thanks for your valuable suggestion. Can i know if H1B petetion is filed by new employer under previous CAP, till how long i can work in US? I know that it is for 6 years, but is it from the petition start date or the start date of work in US?

[shervin143]

It is the total time spend in U.S in H1B + L1 status combined.

Thanks for your valuable suggestion. Can i know if H1B petetion is filed by new employer under previous CAP, till how long i can work in US? I know that it is for 6 years, but is it from the petition start date or the start date of work in US?