B2 -to- H1B OR Direct H1B while in India

[pharma2005]

Hi all, appreciate your views in the below situation -

The background: Used to work in the US on H1B but returned back to India (working full time now) without exhausting the full 6 yrs. So technically (I think) I am cap-exempt and also eligible for another full 6 yrs of H1B. Now, I may have a potential employer in the US who is willing to sponsor my H1B.

Question: In some threads, I read that folks try to go to the US on B2 and than try to change the status to H1B. In my case do I need to first go on B2 (if I have to meet/complete the job offer formalities) and change to H1B. If yes, will the employer start my application while I am there on B2 and do I come back to India on B2 and get a H1B interview/stamp from India? please clarify this process.

OR should I just ask the potential employer to file application while I am in India, assuming the job offer works out remotely? Is this even possible?

Any other alternatives/suggestions to tackle this situation??

Thanks in advance for your comments. also, If any one has been through such a situation please let me know if I can connect with you offline.

[Nattybone]

Hello, Pharma 2005.

May i ask when did you return to India and when were you granted the first H1B? Depending on when you were given the H1B, it can be concluded whether you are cap-exempt and whether you are allowed to use the unused years from your old H1B. Generally, one can revive the old H1B within 6 years from the last time H1B status was maintained by the visa holder (You).

As regards remote selection and interview: People who go to USA first time on H1B, they are interviewed over the phone / skype / email etc. before getting shortlisted and selected, and finally appearing for the visa interview at the consulate. So, i hope this answers the selection part of your question.

About Changing of Status (COS) from B1/B2 to H1B: This is possible, but is not considered a good practice by the US authorities. You could definitely meet the employer while on B2 visa and complete the formalities, but changing status from B2 to H1B while being in the USA is, as i mentioned earlier, not considered best practice. Should you decide to go ahead with this, whenever you travel to India in the future and appear before the consulate for H1B stamping, this COS will be questioned, the petition is sometimes denied. People do get H1B approved but it is a chance, and it is your call finally.

The reason for this is, when you enter USA, at the Port of Entry the officer asks for your purpose of visit, if entering on B1/B2, you say that you will switch visa to H1B, they will most likely deny you entry. If you say you are here for business / holiday and then you later file for a COS then you would be contradicting the statement about Purpose of Entry made to the officer at the Port of Entry. Bottom line, it is their process, that is all. Best thing - get an H1B stamped from India and travel on that. You could visit first on B1/B2 and give interviews but best thing is to not go for COS from B1/B2 to H1B.

I hope this helps.

Wishing you luck.

Personal opinion, i am not a professional.

Cheers,

Hi all, appreciate your views in the below situation -

The background: Used to work in the US on H1B but returned back to India (working full time now) without exhausting the full 6 yrs. So technically (I think) I am cap-exempt and also eligible for another full 6 yrs of H1B. Now, I may have a potential employer in the US who is willing to sponsor my H1B.

Question: In some threads, I read that folks try to go to the US on B2 and than try to change the status to H1B. In my case do I need to first go on B2 (if I have to meet/complete the job offer formalities) and change to H1B. If yes, will the employer start my application while I am there on B2 and do I come back to India on B2 and get a H1B interview/stamp from India? please clarify this process.

OR should I just ask the potential employer to file application while I am in India, assuming the job offer works out remotely? Is this even possible?

Any other alternatives/suggestions to tackle this situation??

Thanks in advance for your comments. also, If any one has been through such a situation please let me know if I can connect with you offline.

[pharma2005]

Thanks Nattybone for clarifying the b2 to h1b process and risks. Clearly, from a long term perspective it is risky. However, can the potential employer in US file my H1b application while I am still in india, considering the remote interview goes well.?

FYI - I received my first h1b in 2006 and returned to india in 2010. And also the visa stamp on my passport has expired.

Hello, Pharma 2005.

May i ask when did you return to India and when were you granted the first H1B? Depending on when you were given the H1B, it can be concluded whether you are cap-exempt and whether you are allowed to use the unused years from your old H1B. Generally, one can revive the old H1B within 6 years from the last time H1B status was maintained by the visa holder (You).

As regards remote selection and interview: People who go to USA first time on H1B, they are interviewed over the phone / skype / email etc. before getting shortlisted and selected, and finally appearing for the visa interview at the consulate. So, i hope this answers the selection part of your question.

About Changing of Status (COS) from B1/B2 to H1B: This is possible, but is not considered a good practice by the US authorities. You could definitely meet the employer while on B2 visa and complete the formalities, but changing status from B2 to H1B while being in the USA is, as i mentioned earlier, not considered best practice. Should you decide to go ahead with this, whenever you travel to India in the future and appear before the consulate for H1B stamping, this COS will be questioned, the petition is sometimes denied. People do get H1B approved but it is a chance, and it is your call finally.

The reason for this is, when you enter USA, at the Port of Entry the officer asks for your purpose of visit, if entering on B1/B2, you say that you will switch visa to H1B, they will most likely deny you entry. If you say you are here for business / holiday and then you later file for a COS then you would be contradicting the statement about Purpose of Entry made to the officer at the Port of Entry. Bottom line, it is their process, that is all. Best thing - get an H1B stamped from India and travel on that. You could visit first on B1/B2 and give interviews but best thing is to not go for COS from B1/B2 to H1B.

I hope this helps.

Wishing you luck.

Personal opinion, i am not a professional.

Cheers,

[Nattybone]

Hello, Pharma2005.

The potential employer can file for a petition for you (while you are in India). This is the standard process. Upon receiving the approval from USCIS, the employer is required to mail / courier the approval to the candidate. The candidate carries the approval notice, along with other employment related documents, and appears before the consulate in his country for an interview for H1B stamping.

Considering you were able to maintain legal H1B status till 2010, you are eligible for H1B revival / recapture and for using the remaining period from the earlier visa.

I hope this helps.

Wishing you luck.

Cheers,

Thanks Nattybone for clarifying the b2 to h1b process and risks. Clearly, from a long term perspective it is risky. However, can the potential employer in US file my H1b application while I am still in india, considering the remote interview goes well.?

FYI - I received my first h1b in 2006 and returned to india in 2010. And also the visa stamp on my passport has expired.

[pharma2005]

Hi Nattybone, thanks so much for Your crystal clear answers. If you can please help with one more query - for h1b recapture/revival while i am in India, is it the same process as applying for a fresh h1b by the potential employer, even though I am cap exempt? Thanks again for your help.

[OQUOTE=Nattybone;324036]Hello, Pharma2005.

The potential employer can file for a petition for you (while you are in India). This is the standard process. Upon receiving the approval from USCIS, the employer is required to mail / courier the approval to the candidate. The candidate carries the approval notice, along with other employment related documents, and appears before the consulate in his country for an interview for H1B stamping.

Considering you were able to maintain legal H1B status till 2010, you are eligible for H1B revival / recapture and for using the remaining period from the earlier visa.

I hope this helps.

Wishing you luck.

Cheers,[/QUOTE]

[Nattybone]

Hello, Pharma 2005.

For you, nothing changes.

Your employer will now not need to seek a draw / selection and he need not wait till April 1. The petition can be filed straightaway, any time (not just on the April 1 draw day) for revival.

The documentation remains same.

Hope this helps.

Wishing you luck.

Cheers,

Hi Nattybone, thanks so much for Your crystal clear answers. If you can please help with one more query - for h1b recapture/revival while i am in India, is it the same process as applying for a fresh h1b by the potential employer, even though I am cap exempt? Thanks again for your help.

[OQUOTE=Nattybone;324036]Hello, Pharma2005.

The potential employer can file for a petition for you (while you are in India). This is the standard process. Upon receiving the approval from USCIS, the employer is required to mail / courier the approval to the candidate. The candidate carries the approval notice, along with other employment related documents, and appears before the consulate in his country for an interview for H1B stamping.

Considering you were able to maintain legal H1B status till 2010, you are eligible for H1B revival / recapture and for using the remaining period from the earlier visa.

I hope this helps.

Wishing you luck.

Cheers,

[/QUOTE]