B2 to H1B (cap exempt) transfer

[Aravind Gayam]

Hello everyone,

I need your perspective to understand the chances of my B2->H1B visa transfer approval.

Till 2015, I had 2 graduate degrees on F1 visa, and then worked in US for 1.5 years on H1B. Then, I went back to India.

In September 2017, I came to US again to visit my wife on B2. Initially I intended to stay for a short period, but then I canceled my return ticket and interviewed for jobs in the US. I received an offer, and the employer is willing to apply for an H1B transfer, and a change of status from B2 to H1B.

While it is in process, are there any risks involved?

[Libra_14]

Hello everyone,

I need your perspective to understand the chances of my B2->H1B visa transfer approval.

Till 2015, I had 2 graduate degrees on F1 visa, and then worked in US for 1.5 years on H1B. Then, I went back to India.

In September 2017, I came to US again to visit my wife on B2. Initially I intended to stay for a short period, but then I canceled my return ticket and interviewed for jobs in the US. I received an offer, and the employer is willing to apply for an H1B transfer, and a change of status from B2 to H1B.

While it is in process, are there any risks involved?

Giving interview on B2 visa is not supported - you are violating the law.

B2 to H1B is however possible in your case (since you were here before & your wife is still in US) - but rejection rate will be pretty high. Getting new H1 stamped in India will be easier.