B1/B2 to H1B

[ApplicantH1B]

Here is a tricky one!

Situation

Background:

I was working in US from 2007 - Dec 2010 on H1B visa. Applied for extension and got new I-797 as well valid up to 2013. All good up to this point.

Came to India (for my wedding) and went for H1B stamping on Jan 5th 2011. Was handed over 221g, status was pending for next 4 months (submitted all required documents asked for though). In May 2011, visa was rejected. Hence, wife's H4 was rejected too. Eventually lost job in US since employer would not wait anymore for me. I was working for them remotely all these months.

What I did last 2 years?

Worked in India for all this while, saving money so I can re-apply for H1B visa. In the meanwhile, my current employer (In India) wanted me to go to US for some meetings and thus I got a B1/B2 visa. Got B1/B2 visa for my wife as well.

What Now?

Found a job in US and an employer who was ready to apply for H1B. Employer says, he will apply for extension of my previous H1B petition since I did not complete 6 years on that one and also that this will exempt me from the quota.

Questions/ Need your help (comments) on:

1. Given the scenario, would I be getting 6 years again since I was out of US for more than 1 year and it is the same petition I am extending?
   
2. For the reasons above, scared to go for visa stamping in India - Would I (& my wife) be able to travel to US on B1/B2 visas and changes the status to H1 (and H4 for my wife) when we get to US? If yes, what are the risks if any?
   
3. My understanding is that I do not have to wait for Oct 1st to start working since this is extension of the previous petition. Is this correct?
   

Appreciate all your comments and feedback.

Thanks,

Applicant H1B

[rohang]

1) as you are under cap-exempt you will only be getting remaining of 6yrs. Not new 6 yrs.

2) technically possible, ethical?

3) correct.

[JoeF]

What I did last 2 years?

Worked in India for all this while, saving money so I can re-apply for H1B visa.

You know that the employer pays for the H1, right?

[ApplicantH1B]

Thanks for the responses guys.

@JoeF - Yeah, I was aware but was thinking about the situation if I had to go through a consultant and may need to pay for my H1 visa fee.

@ rohang - I like when you said 'ethical'. However at this point, I am more concern with any risks associated with that approach and risk of going for stamping in India.

[omshiv]

Thanks for the responses guys.

@JoeF - Yeah, I was aware but was thinking about the situation if I had to go through a consultant and may need to pay for my H1 visa fee.

@ rohang - I like when you said 'ethical'. However at this point, I am more concern with any risks associated with that approach and risk of going for stamping in India.

Well..you paying for your H1B is illegal..and will blacklist your employer as well as yourself. so avoid those desi consulting companies.

there is no risk if all your paperwork are good...your background, your company's background etc is what matters...not the consulates.

[t75]

You used your B1 visa for which you were to attend to business for your employer to look for a job in the US while you were here in the US. You cannot be trusted to act ethically.

[JoeF]

Thanks for the responses guys.

@JoeF - Yeah, I was aware but was thinking about the situation if I had to go through a consultant and may need to pay for my H1 visa fee.

Consultant or not, the employer still has to pay for the H1 petition.

The fee for the actual visa is a few hundred dollars.

[ApplicantH1B]

@ JoeF and Omshiv - Thanks for info guys. I am not paying for the my H1 here and understand that the applicant paying for the visa fee is not with in the rules

Dear t75,

Not sure how you got to the conclusion that I used my trip to US to search jobs there, don't think I mentioned that anywhere in my post. Nonetheless, you are in NO position to comment on my ethics and to judge me. I have worked hard to gain experience and also to find a job in US while working in India which everyone will agree that it is heck of a difficult task.

I write in this forum to get 'valuable' feedback and guidance on the questions I am posing here. You are definitely entitled to your opinion (dark side of freedom of speech) but I would not appreciate you questioning my ethics on this forum.

[nineballs]

I think nobody is questioning your ethics here. It has more to do with how INS (CBP + USCIS) feels about it whenever you decide to change status or enter the country again. Entering on B1/B2, with an intention to switch to H1B visa, just to avoid h1b stamping looks like you are trying to fool the system.

Don't take anything personal. By asking a question in the public, you have to consider the fact that all the comments are based on what everyone feels about your case. If someone can sense a foul play here, why not the immigration/USCIS?