Change of Status to H1B

[pams2015]

Hi All,

I have got my H1B petition approved till 2021 but my project had got over in September this year and then due to some personal emergency had to visit my home country. Now to re-enter US need to get the visa stamping done, and I also have got one project but the client is not ready to provide the client letter. 

So in such scenario was thinking to apply for tourist visa and after entering US changing status to H1B as I would be having valid project and things done legally.

Please provide your inputs on this. Under current circumstances what are the chances of getting B2 visa and changing status to H1B.

[Chicagom34]

You really think you can game the system that way? 

You really think that the visa officer is not going to look at your history and question why you want tourist visa now? Do you really think s/he won't doubt what you are trying to do? Do you really think you will go for an interview and lie to the visa officer to their face and they won't catch your motive? Do you really think, you going for the interview the visa officer is NOT going to ask what your current occupation is and how do you make money? 

Let's say you even get a tourist visa, once you get back and your shady employer files for change of status, Do you really think USCIS will NOT flag this application? How many people apply for change of status from B2 to H1? 

Beyond foolish to do something like that. 

[JoeF]

It is unlikely you would get a tourist visa.

You need to do things the right way, not trying to game the system. It could end up with a lifelong ban.

[Provence]

If unable to procure appropriate documentation, stay back and work in India. Once established ties to your home country a few years from now, you may chose to apply for a B2 visa if you intend to visit. And then return back to India.