Can we convert from H1 to B2 from US

[bestraightforward]

Hi Frens,

My H1 tranfer is in RFE status and I have a few questions

1) If my H1 transfer rejected and can I apply COS immediately after rejection from H1 to B2.

Iam in US now.Can I do from US.

2) Is it legal or illegal if I do like this

I dont want to g back to India if my H1 is rejected because I have few other offers in hand

so that the new employers wil file H1 transfer for me while Iam on B2

3) Can we convert again from B2 to H1 if I found a new employer.Will the employers do like this?

Please help !!

[wiweq]

1) If my H1 transfer rejected and can I apply COS immediately after rejection from H1 to B2. Iam in US now.Can I do from US.

=> If you H1b transfer is rejected you will be counted out of status from the date of your last H1b end date. Because you will be out of status so no COS, no B2.

2) Is it legal or illegal if I do like this

I dont want to g back to India if my H1 is rejected because I have few other offers in hand

so that the new employers wil file H1 transfer for me while Iam on B2

=> If your H1b rejected and you have COS/ extension in process THAT TIME, you would have to leave USA.

3) Can we convert again from B2 to H1 if I found a new employer.Will the employers do like this?

=> You can't file COS to B2 if you H1b rejected.

Always join other employer (H1b transfer) when the new H1b is completely approved. Pay for PP if needed.

[bestraightforward]

I still have a doubt please response.

I joined with new empoyer and the H1 transfer is in RFE status.My VISA with old employer is going to expire in dec2012.

So if H1 transfer to new employer is rejected , but still I have old employet H1 visa validity .Hence can I file COS from H1

to B2 now? Now Iam not working for old employer as I already joinied the new employer.

[wiweq]

"So if H1 transfer to new employer is rejected , but still I have old employet H1 visa validity ."

=> It's not only 'visa validity’, you should have relationship with your employer and paid all the time to be counted in H1b status. Because you are not working for your old employer, you have no more H1b status with them. At the moment your departed from your ex-employer your H1b gone with them, and visa validity has no meaning now. If H1b with new employer fails, you will be counted out of status from the date of departure from previous employer. Let me know if you have any doubt about this.

[bestraightforward]

Thank you.I have clear picture now

[wiweq]

"Thank you.I have clear picture now"

=> I'm happy that you understand; please extend these concepts of H1b among your friends.