B1 to H1B Transfer


rajcom

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Hi All,

 
Thanks for reading this post and please reply if you know the answer.
 
I came to USA on B1 Visa and will leave in 1 month. 
 
In 2007 I got my H1B Filed and went to consulate interview in May 2008. In Visa interview I got an 221(g) with Additional Administrative Processing. I checked the status with the consulate and they said the case went to USCIS and when contacted they told that they will notify me when the review is completed. I left the case at that point. 
 
One of company over is here is telling that they can do a H1 transfer with my previous H1 case (Which I don't know what the result was) and they will get it approved within 3 weeks.  My question: is H1 transfer possible? as I don't have valid H1 as I came on B1. My second questions is if my H1 is approved can I change my status from B1 to H1 and is it safe?. My family is staying in India. Will they have problem while they go for H4?.  Please somebody reply
 
Thanks
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Hi All,

 
Thanks for reading this post and please reply if you know the answer.
 
I came to USA on B1 Visa and will leave in 1 month. 
 
In 2007 I got my H1B Filed and went to consulate interview in May 2008. In Visa interview I got an 221(g) with Additional Administrative Processing. I checked the status with the consulate and they said the case went to USCIS and when contacted they told that they will notify me when the review is completed. I left the case at that point. 
 
One of company over is here is telling that they can do a H1 transfer with my previous H1 case (Which I don't know what the result was) and they will get it approved within 3 weeks.  My question: is H1 transfer possible? as I don't have valid H1 as I came on B1. My second questions is if my H1 is approved can I change my status from B1 to H1 and is it safe?. My family is staying in India. Will they have problem while they go for H4?.  Please somebody reply
 
Thanks

 

Since US consulate has sent the petition back to USCIS for reviewing there is a possibility that your H1B approval would have been canceled. Since you did not follow up there is no need to know this for sure. Ask your employer who filed the H1B petition. 

If it was indeed approved then new employer can file a cap exempt H1B petition. After approval apply for a H1B visa at US consulate and travel with a valid H1B visa to US.

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