B1 to H1 Status with approved petition

[PrasadM]

Hi All,

I need you people experience and suggestions.

This is my Case:

1. Now I am India with X company

2. Holding valid approved petition ( approved date Dec 2011) with Y company in USA (In house project).

3. Not yet attended for USA H1 stamping interview with this petition as rejection rate is high.

4. With my current company(X), I am flying to USA on business trip ( for 3 months)

5. I informed the same to Y employer. And they are telling once you arrived to USA on B1 we can change your status to H1 B.

6. I asked how about my family H4 and if I want to travel to India in future.

7. They mentioned for your family we can send the couple of months paystubs after few months and they can attend for H4 as H4 stamping may not be that much strict, and for your stamping you can go to Canada in urgency case.

Please advice what to do.

[Attorney_10]

Generally, it is not advisable to file for a change of status from B1 to H1B in the U.S. B1 status is solely nonimmigrant intent, which means one must not have the intent to remain in the U.S. permanently or to work in the U.S. H1B status is a dual intent work visa, which means one can have the intent to remain here permanently. The risk that the change of status will be denied is very high. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the options available to you.

[PrasadM]

Thank you !!!