B1 to H1 Transfer

[rajcom]

Hi All,

Thanks for reading this post and please reply if you know the answer.

I came to USA on B1 Visa and will leave in 1 month.

In 2007 I got my H1B Filed and went to consulate interview in May 2008. In Visa interview I got an 221(g) with Additional Administrative Processing. I checked the status with the consulate and they said the case went to USCIS and when contacted they told that they will notify me when the review is completed. I left the case at that point.

One of company over is here is telling that they can do a H1 transfer with my previous H1 case (Which I don't know what the result was) and they will get it approved within 3 weeks. My question: is H1 transfer possible? as I don't have valid H1 as I came on B1. My second questions is if my H1 is approved can I change my status from B1 to H1 and is it safe?. My family is staying in India. Will they have problem while they go for H4?. Please somebody reply

Thanks

[raghvi]

Hi All,

Thanks for reading this post and please reply if you know the answer.

I came to USA on B1 Visa and will leave in 1 month.

In 2007 I got my H1B Filed and went to consulate interview in May 2008. In Visa interview I got an 221(g) with Additional Administrative Processing. I checked the status with the consulate and they said the case went to USCIS and when contacted they told that they will notify me when the review is completed. I left the case at that point.

One of company over is here is telling that they can do a H1 transfer with my previous H1 case (Which I don't know what the result was) and they will get it approved within 3 weeks. My question: is H1 transfer possible? as I don't have valid H1 as I came on B1. My second questions is if my H1 is approved can I change my status from B1 to H1 and is it safe?. My family is staying in India. Will they have problem while they go for H4?. Please somebody reply

Thanks

I wouldn't risk it with a 7 Year old petition. There is high likelihood of such a case going to RFEs and the decision is likely to happen way after your B1 stay expiry. If approved good, but if rejected (which has higher chances with a B1 to H1 conversion) as you would have overstayed your B1, your B1 would become void.

The conversion rate of a B1 to H1 is not very healthy, so advisable to assess your risks carefully.

This is my opinion not legal advice.