H1b Status - need advice

[sudhakar0204]

Hi

I had a H1b visa stamped under FY 2008 quota. I didn't make any travel on that visa and it got expired in August 2010.

I hold a valid B1 visa on which my employer would like to send me to US for 3 months visit. And would also like to file the H1b petition when i am there in USA on B1. They are planning to do it after 2 months i been to US.

What they are saying is since i already hold a H1 approval previously and also i had a H1 visa earlier, new petition that they are going to file even i am on B1, is not going to be a Change of status, it would be the renewal of the existing petition.

How fat it will be correct? and will there be any subsequent issues for me in future stampings or my dependent visas etc.

Kindly help me with your experience...

Regards...

[kabkaba]

The previous H1 petition has nothing to do with change of status. Having that petition makes you cap-exempt and start date earlier than Oct 1 can be requested.

If you are present in the US in another status when petition is filed, change of status may also be requested. However, change of status from B1 is discouraged by USCIS. It can create problems in Visa application later. So it is better to file as consular processing (without change of status).