Can I convert B1 Visa to H1B Visa

[Nagamanjunath]

Hi,

I have valid H1B petition but yet to get stamped. In mean time can I go for B1 visa stamping and after reaching US Can I work by using my H1B Petition?

[Nagamanjunath]

Can I convert B1 Visa to H1B Visa

Can anyone reply to the thread?

[raghvi]

Hi,

I have valid H1B petition but yet to get stamped. In mean time can I go for B1 visa stamping and after reaching US Can I work by using my H1B Petition?

You would have to file a Change of Status (COS) from B1 to H1 and once the COS is approved you will be able to work. Few challenges:

1. While coming into US, what would you state at the Port of Entry as your purpose of visit to US? If you mention that you have a plan of subsequent COS to H1 then you may be denied entry.
2. Even if you do get entry on B1/B2. You cannot work while on B1/B2. You haev to wait till H1 COS start date date and its approval.
3. What would you provide reason to USCIS for doing a COS from B1/B2 to H1? USCIS looks B1/B2 to H1 COS very skeptically.


This is my opinion not legal advice.