B1 to H1 when H1 on 221g

[mohanmca2000]

Hi,
I have H1 Visa approved in 2007 Oct,I came to US in 2008 ,got SSN,state card,bank account,Driving License and stayed in US for 2 months,but not started working in US.Due to some personal issues,i returned back to India and then didn't came to back to US.
in May'2010 i have approached another employer to trfer my H1,they filed my pettetion and it is approved.then i went for stamping in Aug'2010 but got query 221G requesting docs from employer.
My Employer didn't answered Query yet.

But In Sep 2010 ,I have travelled to US on B1(Visa issued on Jun 2010) through my india company.Now my US Employer saying as we can chnage satus from B1 to H1 and i can start working in US.

My Question is :
1)Is that possible to change status from B1 to H1 when my second term H1 is on 221g?
2)If yes,how could i bring my wife and kid to US,if they go for H4 Stamping in India with my paystubs,will they get Visa?


Pls help me on this.

Thanks & regards,
Rao

[Subramanya]

I have H1 Visa approved in 2007 Oct,I came to US in 2008 ,got SSN,state card,bank account,Driving License and stayed in US for 2 months,but not started working in US.Due to some personal issues,i returned back to India and then didn't came to back to US.
in May'2010 i have approached another employer to trfer my H1,they filed my pettetion and it is approved.then i went for stamping in Aug'2010 but got query 221G requesting docs from employer.
My Employer didn't answered Query yet.

But In Sep 2010 ,I have travelled to US on B1(Visa issued on Jun 2010) through my india company.Now my US Employer saying as we can chnage satus from B1 to H1 and i can start working in US.

My Question is :
1)Is that possible to change status from B1 to H1 when my second term H1 is on 221g?

---- It is possible to change the visa status from B1 to H1, but you may not get the I-94 and at that time you have to go out of the US and return with a valid stamped H1 visa on your Passport

2)If yes,how could i bring my wife and kid to US,if they go for H4 Stamping in India with my paystubs,will they get Visa?

---- When you go for H1 visa stamping your wife and kid can accompany you for their H4 visas get them stamped and then return to the US

[shervin143]

1)Is that possible to change status from B1 to H1 when my second term H1 is on 221g?
>>> Possible. However a COS from B1/B2 to H1B is never advisable. You will end up answering a lot of questions when you go for visa stamping the next time. Also, the chances of a successful COS is very less. If this employer cannot provide you with the required documents for respond to the 221g, then what is the point in joining them? Try to find some other employer and transfer your H1B.

2)If yes,how could i bring my wife and kid to US,if they go for H4 Stamping in India with my paystubs,will they get Visa?
>>> Yes. They will also need your H1B approval notice.

[mohanmca2000]

Thanks for your replies