Applying for H1 from US with B1 status stay

[Akhil.flax]

Hi All,

Currently i am in US on B1 visitor visa. Can i apply for H1? Do i need to go back to india for stamping? if my h1 visa is denied, wil that effect my b1 visa? Will there be any problem at port of entry next time when i come to US?

What is the best way to get H1 visa for a B1 visa holder.

Thanks in Advance,
Akhil

[Akhil.flax]

Applying for H1 from US with B1 status stay

Can someone please help!!

[raghvi]

Can someone please help!!

B1 to H1 approvals are hard to come by. Firstly your I-94, current stay would most likely not be stretched beyond 01-Oct-2014, and as new H1 can only start from 01-Oct-2014 or later, USCIS will most likely approve the H1 as Consular process, which means yes, you would have to go for H1 interview in order to move to H1. Secondly, staying long term on B1 is not advisable, many visa officers look upon long stays on B1 as "work" after all, which KT, meetings, business discussions last for 6 Months?

H1 denial will not affect your B1, but a long stay of more than 4-6 Weeks may raise more questions during your next B1 visit or during your next B1 renewal.

This is my opinion not legal advice.