B1 to H1B transfer

[girish_subramaniam]

All:
I am currently in the U.S on a B1 visa. I landed in the U.S on Sep-24 and my I-94 is valid till Jan-15-2011.

My employers have applied for a H1B and the petition is being processed at a premium. Is it advisable to go to India for stamping and then come back to the U.S (or)
Should I use the adjustment status of the I-94, work here for few months, collect a few pay-slips and then go to India for stamping?

Please advise.

[shervin143]

If the H1B gets approved with a new I-94 (If the petition was applied as a COS from B1), then you can continue to work on H1B status as long as that I-94 is valid. If you don't get the H1B approval by Jan 15, then you should leave the country before the current I-94 (B1/B2) expires and return back on H1B visa.