B1 to H1 possible ?

[jankalps]

Hello Friends,

Background:
I have a B1 visa and I am trying hard to find sponsorship for H1 visa.
Found few companies who are willing to sponsor my H1 but they say I should be in USA as success ratio is low if candidate is outside US.

Question:
So my questions are
1. If I travel on B1 to US, can my 'to-be-sponsor' file a petition for me in a legal way ? What are the bad things that could happen (worst case scenarios) ?

2. and if that works out, how can I get my dependent spouse on H4 to US ? Will I have to travel back to home country to be present for my spouse's H4 visa interview ?

3. If I travel back to home country, do I need a H1 visa stamping for myself to return to US ?


Actually I am getting different views on these questions, so please suggest what is correct.


Best regards,

[shervin143]

1. If I travel on B1 to US, can my 'to-be-sponsor' file a petition for me in a legal way ?
>>> Possible, but never advisable. Every visa has its purpose. B1 is for business and B2 is for tourism. If you file a COS from B1/B2 to H1B, it will show your intent to travel to U.S in B1/B2 was just to search for jobs which is considered illegal.

What are the bad things that could happen (worst case scenarios) ?
>> You will end up answering a lot of questions when you attend the visa interview next time. The same might happen when your dependents go for visa stamping based on your H1B approval notice. You may never get a B1/B2 approved again in your life.

2. and if that works out, how can I get my dependent spouse on H4 to US ? Will I have to travel back to home country to be present for my spouse's H4 visa interview ?
>>> No. H4 can appear for visa interview without the primary H1B holder.

3. If I travel back to home country, do I need a H1 visa stamping for myself to return to US ?
>>> If you want to return back and work for the H1B employer, then YES.

Actually I am getting different views on these questions, so please suggest what is correct.
>>> Traveling to U.S to search for jobs is illegal. Also, when you are in U.S in B1/B2, you cannot work for any employer. That is illegal and against the B1/B2 regulations. A COS from B1/B2 is never a good idea.

The best option is to find an employer who can sponsor your H1B when you are outside U.S. When the petition gets approved, appear for H1B/H4 stamping to together and when visa gets approved travel to U.S. No good employer will ask you to travel to U.S in B1/B2 just so that they can file a COS.

[jankalps]

Thanks for your good reply.
Now I know how should I proceed in correct way.

Thanks again Shervin for your inputs