Change of status from H4 to H1

[keni]

Hi,

I am currently om H4 Visa, there is an employer who is ready to file H1 for me. but as you are aware H1 quota is over, is premium processing a option for me or is there any other way to file petition for upcoming year.

[JoeF]

The quota for fiscal year 2014 is full.

An H1 can only be filed from April 1, 2014 on, for a start date of October 1, 2014.

[keni]

Thanks for the reply, I have another doubt which is regarding B1 visa. I have B1 visa from my previous employer, this new employer is telling me to work on B1 for that i have to do POE with B1 and i can work for 6 months and then i have to go out of US for a month and with B1 again i can work for another 6 month and in next april they will file my H1B . Do you foresee any trouble doing that?

[JoeF]

Thanks for the reply, I have another doubt which is regarding B1 visa. I have B1 visa from my previous employer, this new employer is telling me to work on B1 for that i have to do POE with B1 and i can work for 6 months and then i have to go out of US for a month and with B1 again i can work for another 6 month and in next april they will file my H1B . Do you foresee any trouble doing that?

On a B1, you can NOT work in the US. You can attend meetings and the like, but you can not work for a US employer at all.

Stay away from an employer who wants you to violate US laws.

Find another employer.

[catx]

Thanks for the reply, I have another doubt which is regarding B1 visa. I have B1 visa from my previous employer, this new employer is telling me to work on B1 for that i have to do POE with B1 and i can work for 6 months and then i have to go out of US for a month and with B1 again i can work for another 6 month and in next April they will file my H1B . Do you foresee any trouble doing that?

That is completely illegal, and yes you could be in big trouble, up to and including an entry ban for immigration fraud.