H1b 2016 processing Vs on H4/B1


travelh1b

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Hi,

 

I am an IT professional and looking for H1b processing this year. I am seeing few options:

 

i) My company is willing to send me on B1. I can earn money till I can and along that wait for my petition result. They are agreeing to send me for 4-5 months, Mar till Aug 2016

 

ii) Stay on H4 now and wait for H1b petition result. But I can't work then... I am graduate and not interested in doing masters. any other option?

 

iii) Green card/EAD will take 2+ years, so not considering for now

 

I am liking option i) more as I can work. But I am not sure if B1 to H1b would be an easy process. Reading few forum look like if I will be on B1 

 - I have to go back to my country and get H1b stamped which would be risky. Is it important to leave US to change status from B1 to H1b?

 - B1 means manager/requirement gathering sort of role and H1b is for specialized skilled person. So if I already worked in US on B1 there might be good chance embassy ask questions why on H1b now... Do they really bother about such thing?

 

Is there any better option which I should consider?

 

Thanks in advance!

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1. On B1 you are not allowed to work. Doing so will bring a permanent ban to enter US. Educate yourself and your employer about this with the help of an attorney.

 

One way is to be in US on H4 and employer files a COS to H1B petition. If approved with I94 you can start working from 1st Oct.

Another option is to stay in home country and employer files H1B petition. If approved you can enter US with a valid H1B visa and I797 on of after Oct 1st.

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