Entering country on b1/b2 and changing status to H1B, what are the risks?

[preityghil1231]

Hi all:)

 

On acquiring a project through consultants, I will be entering the country on my b1/b2 visa and the consultant will put my  cap exempt H1B remainder option petition on premium processing, along with a status change request. if all goes well, the H1B petition will be approved in 2 weeks maybe with the status change. I have the following questions.

 

1) If H1B status change is approved, is it legal for me to work on my B1/B2 visa in USA? For how long can I stay in USA after the status change? When should I plan my H1B visa stamping?

 

2) What are the associated risks on going for visa stamping after working on b1/b2 with H1B status change?

 

3) Can i schedule my stamping in Canada or do I have to go to India (my expired 2008 h1b has been stamped in my passport.

 

Please note, this is through a consultant with indirect client(through other consultants)...and not a direct job. 

 

4) Do I need a client letter or will a vendor letter be suffice?

[jairichi]

Hi all:)

 

On acquiring a project through consultants, I will be entering the country on my b1/b2 visa and the consultant will put my  cap exempt H1B remainder option petition on premium processing, along with a status change request. if all goes well, the H1B petition will be approved in 2 weeks maybe with the status change. I have the following questions.

 

1) If H1B status change is approved, is it legal for me to work on my B1/B2 visa in USA? For how long can I stay in USA after the status change? When should I plan my H1B visa stamping?

 

2) What are the associated risks on going for visa stamping after working on b1/b2 with H1B status change?

 

3) Can i schedule my stamping in Canada or do I have to go to India (my expired 2008 h1b has been stamped in my passport.

 

Please note, this is through a consultant with indirect client(through other consultants)...and not a direct job. 

 

4) Do I need a client letter or will a vendor letter be suffice?

First of all you cannot enter US with B1/B2 visa and work as work done on a B1 visa is different from a H1B visa. The route you take is dangerous and llegal. Stay away from these consultants.

1. Yes, once you change to H1B status you can work for employer on H1B status. Till the expiry date on I94 in your H1B I797 and later it has to be extended by employer. Whenever you leave US you need to get a H1B visa stamped to re-enter.

3. Canada, Mexico, India.

4. If you are going to work for a client you need client letter.

[preityghil1231]

I will definitely work only after the change of status. My problem is that I will be entering the country on a B1/B2 (A tourist visa primarily which has got clubbed with Business visa)...

I will be entering the country for leisure and ending up with a H1 status approval. Will this pose as a problem when I go for my stamping after working for 2-3 months?

 

Is this ok, or should I not take this route?

[jairichi]

I will definitely work only after the change of status. My problem is that I will be entering the country on a B1/B2 (A tourist visa primarily which has got clubbed with Business visa)...

I will be entering the country for leisure and ending up with a H1 status approval. Will this pose as a problem when I go for my stamping after working for 2-3 months?

 

Is this ok, or should I not take this route?

Entering US on a B2 visa with a prior notion to apply for a H1B petition is illegal. If you enter with a B2 visa and later employer applies a H1B petition with COS there is a possibility that your COS part might be declined. In that situation you would need to exit and enter US with a H1B visa.