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I am working in India for a company which has applied for a B1 visa once i come to US. Is it possible to join the other company which is already processed my H1b and got the approval, Is VISA conversion possible from B1 to H1B without going back to India?
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Its not as easy as it sounds.Originally posted by swea View Post
1. If you are outside US when the H1 was approved it would have been approved as CP -Consular Processing, that is, the H1 will be active only after an H1 interview and stamping at consulate outside US.
2. Assuming you have got h1 stamped and are travelling on B1 then once in US on B1 the future employer would have to file a COS - Change Of status from b1 to H1. Generally this process takes few months and if you have not got B1 assoicated I-94 for that long then I am afraid the COS will not happen. To avoid this B1 to H1 COS should be filed under premium, many employers are reluctant to do so as the extra cost is involved and the success rate of B1 to H1 COS is not very high and the money goes waste.
Few things below help in a successful B1 to H1.
1. H1 has to be already stamped in passport before travel on B1. - fairly doable
2. At POE while entering US on B1 one should get 6 Months I-94. - depends upon officer at POE and reasons for entering on B1.
3. Premium processing of B1 to H1. - depends upon employer whether they want to risk extra cost.
4. Approval of B1 to H1 COS by USCIS - depend supon the documentation submitted and USCIS.
There have been cases where people have stayed beyond 6 Months on B1 I-94 just because they have had COS pending, and later got denied, and have ended up messing future visa processing due to the very long stay on B1.
There are successful COS cases from B1 to H1 too but very few. So weigh your risks and talk to the employer/lawyer before proceeding.
This is my opinion not legal advice.
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