Coming to USA on employer's B2 visa and then B2 to H1B change of status

[pinnamur]

I've visited USA on my employer's B1/B2 visa recently and it is valid upto Oct, 2012. Also, my H1B work permit is in process currently. My husband is already working on H1B.
* Can I come to US on my B2 visa (sponsored by my husband) and then, change the status from B2 to H1 in October ? Or, Is it safe to come to US only on H4 visa ?
* Will there any problem for H4 stamping when H1 is already in process ?

[raghvi]

I've visited USA on my employer's B1/B2 visa recently and it is valid upto Oct, 2012. Also, my H1B work permit is in process currently. My husband is already working on H1B.
* Can I come to US on my B2 visa (sponsored by my husband) and then, change the status from B2 to H1 in October ? Or, Is it safe to come to US only on H4 visa ?
* Will there any problem for H4 stamping when H1 is already in process ?

What if you come on B2 and they issue you an I-94 valid for only a month? You will have to leave US, and re enter after your H1 approval and stamping. Also, even if you are given I-94 for 6 Months you would have to file a COS from B2 to H1 or exit US and re enter with H1 stamping. A B2 to H1 COS can be tricky at some time. Even if you enter on H4 come October you will have to file a COS from h4 to H1. Its advisable to enter US after getting your H1 approved and stamped after 01-Oct-2012. Your H4 stamping result should not have any bearing on your Pending H1, you will have to mention it in yoru DS-160 though. This is my opinion not legal advice.

[shervin143]

I've visited USA on my employer's B1/B2 visa recently and it is valid upto Oct, 2012. Also, my H1B work permit is in process currently. My husband is already working on H1B. * Can I come to US on my B2 visa (sponsored by my husband) and then, change the status from B2 to H1 in October ? Or, Is it safe to come to US only on H4 visa ?
>>> A COS from B2 to H1B is never advisable. There are plenty of posts that explains why it is not advisable. Search and read them. A COS from H4 to H1B is okay.

* Will there any problem for H4 stamping when H1 is already in process ?
>>> No.