B1 to H1B

[cooldeeps2012]

Hello,

 

I am working from India currently and my current employer is a US IT based firm with an office in India. I'll be completing one year with my employer in Feb 2014. My employer is planning to file B1 visa as we have an onsite requirement and next file H1B for April 2014 (I have a Masters degree from US with 3+ years of experience). I've a couple of questions. 

 

1. Does my employer need to show 1 year employment i.e. from Feb 2013 to Feb 2014 in order to process a B1 visa?
2. What is the maximum employment period on B1 visa and how much is the processing time?
3. Do I need to come to India for H1B stamping before Oct 2014 if my H1B visa is approved or can I continue my employment in US? 

Any help is much appreciated. 

 

Thanks in advance.

 

 

[pontevecchio]

You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:

• Consulting with business associates
• Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
• Settling an estate
• Negotiating a contract
• Participating in short-term training
• Transiting through the United States: certain persons may transit the United States with a B-1 visa
• Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa

Eligibility Criteria

You must demonstrate the following in order to be eligible to obtain a B-1 visa:

• The purpose of your trip is to enter the United States for business of a legitimate nature
• You plan to remain for a specific limited period of time
• You have the funds to cover the expenses of the trip and your stay in the United States
• You have a residence outside the United States in which you have no intention of abandoning, as well as other binding ties which will ensure your return abroad at the end of the visit
• You are otherwise admissible to the United States

 

B1 is not a work visa. You will in most likelihood have to come back and return with a H1 visa.

[JoeF]

Are you sure he means B1?

A big company just got fined lots of money for abusing the B1 in this manner.

[rahul412]

Are you sure he means B1?

A big company just got fined lots of money for abusing the B1 in this manner.

That company deserves it.

[cooldeeps2012]

Are you sure he means B1?

A big company just got fined lots of money for abusing the B1 in this manner.

I am also concerned about the same thing and don't wish to process B1 before H1-B. 

[JoeF]

I am also concerned about the same thing and don't wish to process B1 before H1-B. 

If you have worked for the company for a year, you could get an L1.

[pontevecchio]

You have no choice. If the company wants to send you for legitimate B1 purposes you can but resign.

[cooldeeps2012]

If you have worked for the company for a year, you could get an L1.

I'll be completing a year in Feb 2014. How much time does it take to process L1 visa?