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viddu512

B1 to H1-B visa

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Hi members, if I'm in USA on B1 visa and same or a different employer applies for H1-B and if it gets picked and approved within 6 months of my stay in USA, can I file Change of Status and start working on H-1B or do I have to go outside USA and obtain the visa and re-enter? Please advise. Thanks.

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" if I'm in USA on B1 visa and same or a different employer applies'" = Are you working on B1? this is already a redflag 

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19 hours ago, viddu512 said:

Hi members, if I'm in USA on B1 visa and same or a different employer applies for H1-B and if it gets picked and approved within 6 months of my stay in USA, can I file Change of Status and start working on H-1B or do I have to go outside USA and obtain the visa and re-enter? Please advise. Thanks.

On H1 you can attend meetings and the like for your foreign employer. You can not work on a B1.

An H1 can only be filed by an US employer in next year's quota, i.e.g., April 2021 for a start date of Oct. 2021. The employer would file the H1 either as COS or for consular notification.

No employer would have meetings etc. for 6 months for you to stay in the US that long on B1.

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Dear Members, thanks a lot for the replies. To clarify, I've been in USA on B1 through my employer at their USA HQ for training and meetings for a few months in the past. 

So if I'm on B1 again in USA next year for training at USA Office HQ during the H1 season - can a H1 be filed? If its filed and approved during my stay, can I continue to stay and work on H1 without getting a H1 Visa stamp or do I have to go outside USA and re-enter with H1 Visa? Thanks.

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