Changing to L1 after entering as B1/B2

[dan_gard]

A friend of mine has been offered to work in the US and will come under L1 visa. However, it looks like the company doesn't want to wait to process all the paperwork and wants to bring him earlier, telling him to come earlier with his B1/B2 visa and saying he can change his status to L1 in the US later when the paperwork is done. This sounds very odd to me.

Isn't this considered visa fraud? As far as I know, he cannot enter the US with a B1/B2 visa with the intention to stay and work. Am I correct?
Even it this is possible, wouldn't it take much longer than just waiting the paperwork abroad?
He would not be able to have ssn and earnings in the USA while under B1/B2. I am assuming the only way for the company paying him would be if he kept an employee of the foreign branch and had all the earning only in the foreign country. But this also seems like a fraud to me.

Any thoughts? Thanks

[thatsfuckingobvious]

You can change you status from B1 to L1 however he has to go outside the US to get the stamp.

[Libra_14]

Isn't this considered visa fraud? As far as I know, he cannot enter the US with a B1/B2 visa with the intention to stay and work. Am I correct?

Yes & No, Intention cannot be proved on papers, hence he can still keep that intention in his mind & visit USA on his existing B1/B2 visa.

Even it this is possible, wouldn't it take much longer than just waiting the paperwork abroad?

Legally it is possible to change status from one visa to another while living within USA, however will it be approved is point of discussion.

He would not be able to have ssn and earnings in the USA while under B1/B2. I am assuming the only way for the company paying him would be if he kept an employee of the foreign branch and had all the earning only in the foreign country. But this also seems like a fraud to me.

Getting paid or doing job on B1/B2 is illegal. But he can certainly get reimbursement/stipend/per-diem from his current foreign company, while his stay in USA.

Last, during his later visits for visa interview, if he could not prove that his initial intention was not to move to L1, he will be in deep trouble - if I am at his place, I won't take that risk & I would prefer to go normal route.

[dan_gard]

Thanks a lot for the responses