Reg B1 to H1B, Transfer from Outside the Country

[rahulfirm]

Hello Members,

I'm an H1B Holder from India. I have been with a multi-national company for over 10 years.

I have travelled in B1 Status several times over the years. Earlier I didnt take an H1 because I wanted to live in India and be in the US only for short trips. Last year I got my H1 done because my wife was transferred to a US office location, she would like to live there for a couple of years. I managed my last couple of projects by flying to be with her, couldnt get projects in her location (IL). But now I would like to get a job in that state atleast.I'm right now in a predicament, my company is not getting positions in the US in that state for my skills, Im in India working offshore, I have an H1B that has 2 years of validity left, extendable by another 3 years. I also have a B1. I'm looking for jobs from here in India but companies are looking for onsite interviews. If it is Indian companies then they are not willing to guarantee me IL. Kindly address the following queries I have.

Any issues doing H1 transfers from India? ( have been in status always and have paystubs)

Is it Ok to enter on a B1, attend interviews and then get a change of status? ( i have read in several places that this is not advisable)

If the response to earlier question is that B1 to H1 change of status is not advisable, can I go to a nearer country like Canada or Mexico and reenter again with a H1 I-94? Or would you suggest that I make a short trip to india and flying back?

Thank you for you suggestions.

[rahul412]

Thank you for you suggestions.

Do you have H4 option?

[pontevecchio]

It is OK to enter on a tourist visa and give interviews. You would then leave and come back when the H1 petition is approved.

[krialta]

If you can find a job in US and good employer, filing transfer while being in India should not be a problem.

In general B1 trips are business oriented which would last only for few weeks. Due to delays in H1 processing, unless your employer does Premium processing for H1 cap exempt one would not suggest the route of COS.

[t75]

B1 is for business. B2 is tourist.

[rahulfirm]

Thank you for your responses.

I probably do have the H4 option but will have to go for stamping again.

It seems like the current suggestion is, enter on B1, find a job, re-enter on H1.