H1B to work but B1 to enter !


visa4sunny

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Hello,

 

I work in company X and I have B1 (10 years valid) which I obtained through same company. I travelled to US once using B1/B2 and stayed there for 1.5 months. It is for official project purpose sent by company X

 

I was looking for H1B sponsorship. I found one consultany and they said they will sponsor my H1B and also I can join them only after H1B is successfully approved. They said that they will apply for H1B and once it pick in the lottery then I will enter the US through my existing B1 visa. They will provide me client letter etc., to show at port of entry. They don't want me to go for stamping in India because of rejection rate. So when I enter US then they will start my pay roll and I can start work on H1B. In case, if I visit India after sometime then I will go for stamping. They said in this case my chances to get stamping will high.

 

So I have couple of doubts in this procedure.

 

1. Is it leagal that I can enter US with B1 having valid H1B ?

2. Is it OK if I work in US with H1B approval but no H1B visa stamping ?

3. Next time when I come to India does US embassy/consulate consider my previous entry negatively and impact the H1B stamping ?

 

Please adivce me to take right decision. I don't want to enter US illegally and take the impact on later stages.

 

Thank you

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I was looking for H1B sponsorship. I found one consultany and they said they will sponsor my H1B and also I can join them only after H1B is successfully approved. They said that they will apply for H1B and once it pick in the lottery then I will enter the US through my existing B1 visa. They will provide me client letter etc., to show at port of entry. They don't want me to go for stamping in India because of rejection rate.  They said in this case my chances to get stamping will high.

 

1. Is it leagal that I can enter US with B1 having valid H1B ?

2. Is it OK if I work in US with H1B approval but no H1B visa stamping ?

3. Next time when I come to India does US embassy/consulate consider my previous entry negatively and impact the H1B stamping ?

 

First, it's illegal to enter into US on B1 to work on H1.

Second their is nothing called rejection/success rate w.r.t immigration

Third, forget consulting firm. Find real employer.

 

By reading your post it clearly says that your employer is shady.

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Looks like your new employer wants you to be deported back to your home country.

1. It is legal. But, the route shown by your employer is either denial of entry or deportation to home country. You need to enter US with a valid H1B visa and I797 (approval notice).

2. Only if your H1B petition was approved as change of status (COS).

3. Possible.

 

Let your employer file a H1B petition. After approval get a H1B visa stamped in your passport and enter with a valid I797.

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