B1 to H1

[hello7879]

Hi,

I have B1 and H1 stamped on my passport and currently I am in India.My H1B is stamped through and employer "X" and is unable to send me to US because of non-availability of projects.

Now I have got another offer from company "Y" from US who is ready to transfer my H1 and get me in US but what they are saying is that I need to enter US first on B1 and then they will file for a transfer/status change the very next day to H1. I am not sure how much legal is this ? Also he said that I need not to go back for re-stamoing or getting a new I-94.

Can someone please help me here and let me know is this process fine or not.

Regards

[rohang]

Yes, you can do this. But you should not.

B1->h1 raises a red flag, and will be in your record and might impact all future stampings.

Is you H1b visa still valid? means duration? if yes, you will be able to fly with your old visa and new I797 (from company Y), that is much better option.

[pontevecchio]

The process is not fine at all. Unless he files a H1 petition in PP and gets it approved you should not do what you propose.

[omshiv]

agree with rohang's post..

[t75]

The type of work that is permitted on B1 is very different from that of H1B. Find a different employer as the suggestion that has been made of you suggests that this employer is not as ethical as you would want.

Stick with your current employer who will send you at the proper time and pay you as required. To keep you back because of business reasons is a good indicator.