Change of Status from B1 to H1

[Sudhakar0204]

Hi Forum Members

I have a valid B1 (Business Entry) visa stamped in March 2007 and valid till March 2017.

I have an employer who is willing to sponsor for my H1b under the premium processing mode but they are advising me to come to US first on my existing B1 visa. Once after i am in USA, they said they will start processing for my H1b premium filing.

Just want to understand how feasible it will be? and....

1. Will the approval come with out any hassle?

2. Do i need to attend for visa interview in USA/outside USA to get

my passport stamped with new H1b visa?

3. How about my family? What needs to be done for them to come

to USA?

4. Maximum stay of 3 months allowed on B1 i believe, in case if

the change of status application doesn't get approved in this

3 months what should be my situation?

Please advise me...

Regards....

[Sudhakar0204]

Hi

Forgot to tell you one more thing that i am exempted under the H1b cap as i already been through it in 2008 quota. I even got the H1b stamping at that time but i could't be able to use it. It got expired in 2010 Aug.

Regards

[JoeF]

First off, an H1 can only be applied from April on, for a start date of Oct. 1.

Until then, you can not work.

The B1 is for attending meetings and the like for your foreign employer.

Second, a company suggesting doing things this way is shady. Stay away from them.

If they had a legitimate job, they could just file an H1 for you, and you then could get an H1 visa.