H1b - Two Baffling Choices....????

[nehakapoorjewel]

H1B - TWO BAFFLING CHOICES....????

Dear friends and respected elder members,

I am neha from kolkata, india.

I am currently holding a B1/B2 10 year multiple entry visa for USA issued in June 2001.

Now I have travelled twice to USA once in Dec 2001 and again in August 2002 for roughly 15 days each time.

A comapny in USA (NJ based) is ready to sponsor my H1B but they are asking me to travel to USA in middle of january 2006 and then they plan to apply for H1B in april 2006.

Now I am really having two choices:

Choice One: Stick to the fact they they should apply for my H1B while I am in India.

Choice Two: I travel to USA around middle of Januray 2006 and then they apply for H1B in
april 2006.

Now They are preferring and insisting choice two.

Can knowledgeable people here put some light on the two issues.

I mean which option is better and why...??? What problems i face in each...???/

Any personal experiences........???????

Your suggestions / advices / opinions will be more than appreciated.

Infact I am going to base my decision more or less on the responses that i get here.

Thanks in advance for reading my lengthy post and possibly suggesting what u think is better and may be with reasons.

Again thanks your time, patience and effort with me is appreciated.

regards

neha kapoor

nehakapoorjewel (at) rediffmail (dot) com
kolkata India

p.s. plz be as elaborate and descriptive as u can in ur reply....thanks !!!!

nehakapoorjewel (at) rediffmail (dot) com

[anilkumar246]

First of all don't consider this as a legal advice. Just replying to you with the knowledge what I have. I suggest you to stick to the option 1. It is always safe and better to travel on H1B Visa Stamped when you intend to work on H1B category. As your prospect employer said, if you travel on B1 you need to have all the documents that should justify your travel on B1 at Port Of Entry/Immigration. The documents should clearly mention the things like what is the purpose of your travel, client's invitation, business meetings schedules, return tickets etc. Say if you come on B1 and want to transfer to H1 in near future, then it could be a problem for you while applying the GC or extension of H1 or re-entering into US after a small break/vacation etc. Think wise and take decision.

Once again I say that, this is not a legal advice. Just an explanation. Good Luck.

Cheers,
AKS

[nehakapoorjewel]

hi thanks for dropping in and putting ur helpful advice.....