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B1 to HiB status change and stamping issue for H4

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  • B1 to HiB status change and stamping issue for H4

    Hi,

    I am in US on B1 and here I got an employer who filied H1B on premium processing for me. I resigned from the company on which I am on B1 status and serving there notice period from here. My I-94 will be till 21 October. My new employer is suggesting to go for the change of status while staying in US or the stamping of H1B either from Toronto or Mexico. Due to infamous 221(g) I don't want to go India for stamping. Now if I'll go with change of status rather stamping the H1B visa, will it be issue for my wife and 3 kids (twin 2 year and 4 year) while they apply in US consulate in India for H4 visa?

    Is it a good option to go to Canada or Mexico for visa stamping?

    Regards,
    Meraj

  • #2
    COS from B1/B2 to H1B is not advisable. No one can predict what questions will be asked to your dependents when they go for the stamping. It can be smooth as possible or they can face a lot of questions. It all dependes on the VO. If the VO thinks that your intention to trave in B1/B2 was primirily to find a H1B sponor then you will be in trouble. You may face the same when you attend the visa interview the next time. Also, you might not get another B1/B2. If you decide to go for stamping and if this is your first H1B petition, then you cannot go to Canada or Mexico. You have to go to your home country to get it stamped. First time H1B stamping should be from your home country.
    Not a legal advice. Use of this information is strictly at your own risk.

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