Is it possible to change to H1 from B1 while staying in US?

[vsk417]

Hi,

I am facing similar situation now.I am currently in Pune,India.I am holding a US Business Visa valid till 2017.I have visited couple of times earlier with MY b1 VISA.

Now I found a company in US,who is willing to hire me as their employee in US.But we doN't have much time.So I am trying to find out

1).If I can first travel to US on my existing B1 visa and start working there and then apply for change of status(from B1 to L1/H1) after reaching US ?

2).Suppose if i get approval for change of status while in US,do I need to come back to India again for H1/L1 stamping ?

3). Did anyone here has experience in changing the status from B1 to H1 while staying in US ?

Request you to please respond as I am dying to find this out,

Thanks,

Abhay Joshi

[Attorney_10]

Generally, it is not recommended to file a change of status from B1 to H1B due to immigrant intent issues. In addition, one cannot work in the US on B1 status. The individual would need to wait until the change of status to H1B was approved and the petition start date takes effect before s/he could begin employment with the H1B employer. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the best strategy for obtaining valid H1B status.

[vsk417]

Generally, it is not recommended to file a change of status from B1 to H1B due to immigrant intent issues. In addition, one cannot work in the US on B1 status. The individual would need to wait until the change of status to H1B was approved and the petition start date takes effect before s/he could begin employment with the H1B employer. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the best strategy for obtaining valid H1B status.

Thanks.Do you mean I should wait in India till my H1 Visa gets approved before travelling to US ?

How about if I just go to US on B1 visa (not necessarily working officially and no US salary,only Indian salary like any B1 in my current Indian employer payroll) but apply for H1 in the mean time f(through my client pettion) while stayig in US ? Is this also risky ?

Please advice,

[t75]

You appear to be intent on violating the rules about what is permitted on B1 visa. Get an attorney to explain it to you.

[rohang]

New H1 can only be applied after April, and even if you get approval actual start date cant be before October 1. So it means even you find a potential opportunity, you will still have to wait till Oct 2013.

So what are you planning to do till then, B1 will not help you, and B1 is not meant for this purpose.

Please do not try to exploit or misuse any type of visa, this creates problem for other genuine cases.