COS from B1 to H1B while in USA


sjb

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Hi,

I have a B1 & am currently in USA & plan to leave back to India by mid April (total stay 64 days - while I have a 6 months stamping). Incidentally my H1b has also been filed through another company. I will have to come back again for a couple of months on work for my current company in August-September. My questions is...

1. Can I come back to USA in August-September on B1 & then apply for Change of Status on October 1st?? Can this be done?? What are the Pros & Cons??  

2. If change of status cannot be done - can I still stay in B1 status & work for my new employer??

2. Can my wife get a H4 stamping after 1st October??

3. I will be visiting India in December - then I plan to get my H1B stamped in India, by then I will have a few pay stubs from my new employer - will it improve my chances of getting my H1B stamping done with ease??

Hope to hear your views on this.

Regards

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Hi,

I have a B1 & am currently in USA & plan to leave back to India by mid April (total stay 64 days - while I have a 6 months stamping). Incidentally my H1b has also been filed through another company. I will have to come back again for a couple of months on work for my current company in August-September. My questions is...

1. Can I come back to USA in August-September on B1 & then apply for Change of Status on October 1st?? Can this be done?? What are the Pros & Cons??  

2. If change of status cannot be done - can I still stay in B1 status & work for my new employer??

2. Can my wife get a H4 stamping after 1st October??

3. I will be visiting India in December - then I plan to get my H1B stamped in India, by then I will have a few pay stubs from my new employer - will it improve my chances of getting my H1B stamping done with ease??

Hope to hear your views on this.

Regards

1. Yes, employer can file. Employer has to pay H1B fee again.

2. On B1 you cannot work for new employer as work allowed on B1 is different from H1B.

3. Theoretically yes as long as you have all required documents.

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