Travelled on B1, but H1B approved during my stay in US

[deegowd]

I have B1 from my current employer, on which I have entered US with I94 valid for another 5 months. I had applied for H1B (I129) earlier through a different company, which has been approved now. Here are my doubts:
1) Can I resign my current job and join my H1 sponsor without having to go back to my home country till my I94 expires?
2) Which is better? Getting visa stamped from home country OR getting visa stamped from neighboring country (Canada/Mexico)?

Please note this is not a COS, but a new petition applied well before my travel.

Any suggestions welcome.

[shervin143]

1) Can I resign my current job and join my H1 sponsor without having to go back to my home country till my I94 expires?
>>> If it is a Consular process, then you need to get the H1B stamped and re-enter in H1B visa to work for the H1B employer.

2) Which is better? Getting visa stamped from home country OR getting visa stamped from neighboring country (Canada/Mexico)?
>>> If this is your first time H1B, then you should get it stamped in your home country.

https://www.immihelp.com/usa-visas/visastampingcanadamexico/

[kabkaba]

I have B1 from my current employer, on which I have entered US with I94 valid for another 5 months. I had applied for H1B (I129) earlier through a different company, which has been approved now. Here are my doubts:
1) Can I resign my current job and join my H1 sponsor without having to go back to my home country till my I94 expires?
No you cannot. You can either leave and come back with an H1 Visa or your employer may apply for petition amendment requesting change of status to H1. In the second case you can start working only after receiving approval. In general it is difficult to change status from B1 and rejection rate is high.
2) Which is better? Getting visa stamped from home country OR getting visa stamped from neighboring country (Canada/Mexico)?
Home country is better. Mexico consulates do not entertain such cases and Canada consulates also advise against them.
Please note this is not a COS, but a new petition applied well before my travel.

Any suggestions welcome.

Answers above.

[Subramanya]

[QUOTE=deegowd;220314]I have B1 from my current employer, on which I have entered US with I94 valid for another 5 months. I had applied for H1B (I129) earlier through a different company, which has been approved now. Here are my doubts:

1) Can I resign my current job and join my H1 sponsor without having to go back to my home country till my I94 expires?

---- You can resign from your current company where you are employed. BUT by all means you cannot join the company in the US even if your H1 has been approved. You need to go out of U, get the H1 visa stamped and then return to the US with a I-94 issued for H1 at the POE. The I-94 issued for the B1 visa is only for the B1 visa and it is valid for any other type of visa including H1. No substitutions are allowed

2) Which is better? Getting visa stamped from home country OR getting visa stamped from neighboring country (Canada/Mexico)?

---- You can always try and nothing prevents you from tyring. The chances of the VO telling you that you should go to your home country are rather high as they cannot verify your academic credentials when applying for a vis from Canada/Mexico. In which case you will ultimately land going to your home country and it is also possible that you may not be allowed to enter the US on the B1 visa as you have applied for a H1 visa at Canada or Mexico

Please note this is not a COS, but a new petition applied well before my travel.

---- It does not matter that this is a COS or not. In fact if you had applied for a COS from B1 to h1 you would have been questioned heavily for your intention and the COS could even be denied

Subramanya