Travel US on B1/B2 and Change the Status of H1B


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Hello Experts,

One of the consultancy offering me an option to travel on B1/B2 Visa (I have B1/B2 Visa expiring in March) and change the status of my H1-B petition ( I have approved Petition from 2015 Sept) and search a new job upon new H1-B Status.

So my question is, whether its legal in USA to travel on B1/B2 and change the status of H1-B. Also, what if my B1/B2 expires during the change of status whether I will be legally able to stay in US by extending my B1/B2 visa until the H1-B status gets changed? 

Note I never travelled to US before.

Appreciate your prompt response. 

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If the company files for an H1 you have a job, with them. It is their responsibility to find you a client. They have to pay you, even if you don't have a client.

And you can't transfer the H1 if you haven't worked for the original H1 employer.

That company seem s to be rather shady. Stay away from them.

Edited by JoeF
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  • 3 weeks later...
On 12/27/2021 at 9:23 PM, pontevecchio said:

Firstly unless you either worked for the initial sponsor or got an H1 visa stamp based on that petition ' that H1 approval is gone. You will need to have a sponsor file a cap-subject H1 petition in April for you.

How much money is he charging you?

Thanks Pontevecchio for the reply

Further to clarify, I neither worked in the past using this approved petition nor my visa got sampled while I was employed for the initial sponsor in India .
My question is whether new employer can apply for petition transfer under cap-exempt? 

He is not charging any money but he wanted the commitment to work for him for at least 2years. 

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