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god108

H1 B REVOKED- moved to home country -Transfer possible on Visitor visa?

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Hi, I am currently in India since Jan 2017.  my h1b is revoked in Jan 2017, So I still have time to file cap-exempt h1b transfer. I have an emoployer offering me a job in U.S but is it possible to apply change of status when I am on Visitor Visa . 

 

Usually H1b visa may be harder to get though the petition approval is easier,  so may be coming to USA on a visitor visa and then applying the change of status (h1b transfer petition) is better?

Is it easier to get visitor visa if I am visiting some technical conference or meetings?

Edited by god108

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You can't work while a COS is pending, so it is easier to just wait for the approval in your home country and travel once the H1 petition is approved.

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An H1B Petition can technically be filed for someone in the USA on B status as a visitor. However, the problem / risk is that the person might have made a material misrepresentation to CBP about the reason for visiting the United States or that USCIS / CBP / Consulate may accuse the person of having made a misrepresentation about the reason for the visit; in other words the government may allege that the person in this situation was not fully honest about the reason for entering the United States and hid the intention to remain in the USA based on anticipated change of status with an H1B Petition.

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On 1/27/2020 at 6:47 AM, Noah Lott said:

clearly you are reluctant to apply for an H1 directly...why was the first one revoked? (I am pretty sure why)

a CO will see through this charade pretty quickly...

Well, that is nothing nefarious.

An employer is required by law to inform USCIS if the person on H1 is no longer employed there. That will result in USCIS revoking the H1 petition.

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As Attorney_15 said you might land yourself in trouble in the future. Depending on whether you have the tourist visa already or not, you may have to either lie during the visa interview or at the POE. There is no way you will gain entry or get tourist visa if you say you are planning to convert to H1B while you are in the US. This will be misinterpreting facts and you might get into trouble in the future as you may receive an RFE to explain or might get asked during an interview.

To avoid all this trouble, I would suggest you just stay back in India while the H1B is getting processed and get it stamped and go to the US on H1B. You aren't going to be able to work anyways till the H1B is approved even if you are on tourist visa in the US. There is no advantage to that and there is a good possibility that the USCIS may approve the H1B and not approve the COS, this would mean you will have to go back out to get the visa anyways. 

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