B1 - H1B is it valid

[vamsibalaga]

I have a H1b visa which got expired on 26 Dec 2013 which is from employer A.

I never travelled to US on that Visa from employer A

Now i changed to employer B where they were saying that they will do B1 visa and after travelling to US they will file a new petetion for H1B as i will not come under CAP.

 

Is this a valid process and what are complication in this process if any?? 

 

Is there any chance that if if i go for B1 visa stamping in india now will the consulte officer ask about about the H1B which is expired and why i am not applying for H1B renewal procss??

 

please suggest whether i can go B1 and late change to H1 ..

[jairichi]

I have a H1b visa which got expired on 26 Dec 2013 which is from employer A.

I never travelled to US on that Visa from employer A

Now i changed to employer B where they were saying that they will do B1 visa and after travelling to US they will file a new petetion for H1B as i will not come under CAP.

 

Is this a valid process and what are complication in this process if any?? 

 

Is there any chance that if if i go for B1 visa stamping in india now will the consulte officer ask about about the H1B which is expired and why i am not applying for H1B renewal procss??

 

please suggest whether i can go B1 and late change to H1 ..

Job activity that could be performed with a B1 and H1B visas are different. You will face this question of why a B1 and not a H1B when you go for B1 visa interview. Once you enter on B1 employer can file a cap exempt H1B petition with COS. Take the help of an attorney.

[t75]

Activities acceptable on B1 are very different than those of H1B.  See what you are to do. If it violates B1 rules, find a new employer.

[vamsibalaga]

Job activity that could be performed with a B1 and H1B visas are different. You will face this question of why a B1 and not a H1B when you go for B1 visa interview. Once you enter on B1 employer can file a cap exempt H1B petition with COS. Take the help of an attorney.

Hi, Thank you for response.

How valid and risk factor is involved in changing the b1-h1b.

As you said duties for B1 and H1b will differ but if i come to india after CAP exempt and approval i have to go for stamping and there are chance that i will be asked why i chose B1 to travel and then changed to H1B which is a technical speciality job.

[t75]

If you are doing the same job functions on B1 as on H1B, you are likely working improperly.  You need to discuss with an attorney what is planned before you agree to anything.