can one enter into US using B1 while their H1 - in 221g need admin processing

[kkondas]

Hi,

Attended for H1 stamping interview at Chennai, India. after few questions the VO collected all my docs and told that they need some admin process in to the case and returned my passport and 797. I know that it will take few more weeks/months to complete the admin processing as there is no time line. My petition is Valid till Jan -2017. My query is that can apply for extension before I get into US. Another question is that, I have valid B1, can I go to US on B1 and then convert to H1 there?

 

your valuable suggestion will be helpful

[JoeF]

The employer would have to file and pay for an H1 petition. And it may not get approved.

[shekar11#]

You need to withdraw your H1 case first before you arrive to US on B1. That would be the safest way. Contact an attorney to be 100% sure.