VWP to H1B transfer once in US

[renilps]

I have a stamped H1B but did not travel to US on this H1B visa.

Since i have the Visa Waiver Program , can i come to US on my country passport (using VWP)  as a tourist/business

and once i am in the country(USA) , then can i do the switch to H1B using I797 A class for an employer? or do i need to leave the country and come back?

[JoeF]

It is not allowed to change from B1/B2 through the Visa Waiver Program to any other status.

You have to leave the country, get an H1 visa, and enter with that.

[User099]

If you are allowed under VWP, you can apply for COS after coming here to H1B. If approved, you dont need to leave the country.

[JoeF]

9 hours ago, User099 said:

If you are allowed under VWP, you can apply for COS after coming here to H1B. If approved, you dont need to leave the country.

Sorry, that's wrong. The VWP does not allow EOS or COS. The OP will have to leave, get an H1 visa, and enter with that.

[JoeF]

See https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html

"If you enter the United States under the Visa Waiver Program, you are not permitted to extend your stay in the United States beyond the initial admission period."

"If you enter the United States under the Visa Waiver Program, you are not permitted to change status in the United States."

[newacct]

Someone who is in the US on VWP cannot do Change of Status (i.e. change to another nonimmigrant status). You need to leave the US and come back, which could done by going to the Canadian or Mexican border if you want.