Change Of Status from B1/B2 to H1B

[sravani83]

Hello Experiences

My H1B application is selected on 2015 lottery and I got stamp in my passport in 2015 from Employer A.

Since I didn't get any project or opportunity from Employer A to move to US , I transferred my petition successfully from Employer A to Employer B.

As my Attorney from Employer B is suggested , I went for re-stamping with new petition and supported documents to US consulate, at the time of interview the consulate has given Blue-slip 221(g) and in that he has selected some check boxes related to employer W2, project documents etc and your application need to go necessary administrative process.

As requested by US consulate , I have emailed all documents in pdf format. Its been 4 months since I mailed the documents to US consulate, I didn't see any progress on my case and still the case status showing as administrative process.

But recently Employer C want to sponsor B1/B2 visa to visit USA and they want to change status from B1 to H1B once I'm in USA.

So If I'm in USA with B1/B2 visa,

1) As I have already have valid H1B petition, Is there possibility to change my status from B1 to H1B in cap exempt.
2) can I apply for COS immediately after I landed in USA on B1/B2 ?
3) is any minimum time I have spent in USA before I apply COS?
4) do I have to face any queries if I change my status from B1 to H1B.

Please advice, your inputs are valuable.

Thanks

[raghvi]

Hello Experiences

My H1B application is selected on 2015 lottery and I got stamp in my passport in 2015 from Employer A.

Since I didn't get any project or opportunity from Employer A to move to US , I transferred my petition successfully from Employer A to Employer B.

As my Attorney from Employer B is suggested , I went for re-stamping with new petition and supported documents to US consulate, at the time of interview the consulate has given Blue-slip 221(g) and in that he has selected some check boxes related to employer W2, project documents etc and your application need to go necessary administrative process.

As requested by US consulate , I have emailed all documents in pdf format. Its been 4 months since I mailed the documents to US consulate, I didn't see any progress on my case and still the case status showing as administrative process.

But recently Employer C want to sponsor B1/B2 visa to visit USA and they want to change status from B1 to H1B once I'm in USA.

So If I'm in USA with B1/B2 visa,

1) As I have already have valid H1B petition, Is there possibility to change my status from B1 to H1B in cap exempt.
2) can I apply for COS immediately after I landed in USA on B1/B2 ?
3) is any minimum time I have spent in USA before I apply COS?
4) do I have to face any queries if I change my status from B1 to H1B.

Please advice, your inputs are valuable.

Thanks

Why doesn't C get a petition when you are outside US and send you need H1?

[sravani83]

Why doesn't C get a petition when you are outside US and send you need H1?

Thanks Raghvi for your reply.

As I have already transfered my h1b petition from Employer A to Employer B , when I went for re-stamping The Consulate has cancelled my Employer A H1B visa without prejudice and my H1B Visa application from Employer B is under " Administrative process " since last 4 months.

So Employer C is ready to transfer my H1B, But they are not guarantee on getting VISA, as my previous VISA application is pending is under administrative process since last 4 months.

Hence they are planning to do on B1/B2 and then they are planning to apply for COS from B1 to H1B once I'm in USA.

1) do I have chances to get visa from Employer C If go for stamping when my previous application is administrative process?
2) Administrative process will affect my Employer C visa application ? what is the possibility of getting VISA from Employer C.

Kindly advice.

Thaks