URGENT! H1B extension - Change of status from Visitor to H1B - Green card sponsership

[catchaparna]

Hello there !

I need some help / suggestions for my sister.


My sister has a valid (unexpired) H1b visa and is currently on a visitor visa. She worked for an employer here for sometime on H1B , went back to India and is now in the US on a visitor visa.

She has an offer from the same employer now (joining in July). The question here is -

1. Should she be applying for a change of status from Visitor back to H1B?
2. or Should she be applying for a fresh H1B?
3. Since she has time until July to join. How flexible is it to go back to India and get the H1B / Change of status thing done?
4. I am a Green Card holder, Can I sponser her or help her in anyway?

Appreciate your quick response.


Thank you so much !

[shervin143]

Should she be applying for a change of status from Visitor back to H1B?
>>> She can. But is never advisable. A COS from B1/B2 to H1B will raise a lot of questions when she goes for visa stamping in the future. She will never be able to get a B2 visa in the future for this very reason.

or Should she be applying for a fresh H1B?
>>> Does she have a valid H1B petition right now for the employer who she is going to work? If yes and if her H1B visa in the passport is still valid, then all she need to do is leave the country and return back in H1B visa and the valid H1B petition. If not, a new petition need to be filed (preferrably for consular process). She ca use the CAP from the previous H1B approval notice to request an immediate start date. There is a premium process that will give her the result within 15 days.

Since she has time until July to join. How flexible is it to go back to India and get the H1B / Change of status thing done?
>>> Get the petition filed for consular process in premium (10 days for LCA and 15 days for petition). Once approved, leave the country and return back in a valid H1B visa. If she won;t have a valid H1B visa as of the date of return, then she need to apply and get one at the U.S consulate.

I am a Green Card holder, Can I sponser her or help her in anyway?
>>> Do you a registered company that sponsors H1B visa? If not, yu can't. Also, it is advisable to get her H1B sponored by a different employer.