Can a B1 visa be converted into an H1-B while someone is in the US? If yes, how do we go about it and if no, what’s the alternative? My company is sending me to the US on a B1 visa with the promise that I will be getting an H1-B after some time. Can I rely on this? I am looking forward to your reply.
Yes, a B1 can be converted into an H1-B. The H1-B employer should file a change of status application from B1 to H1-B, with the INS. It is recommended that you wait at least 60 days after entry to file the H1-B application because if it is done earlier, the INS might feel that you used the B1 solely for the purpose of finding employment and this a violation of the B1 visa rules.
Your H1B WILL ONLY BE DENIED if you don't qualify for it. IT is NOT EASY to do a B-1 to H1B conversion in the U.S, bcos the B-1 is PURELY for business reasons and you need to have a foreign source of income. If your COS from B-1 to H1B is denied, you are Out-of-status from the last date of your I-94 and your visa stands VOID. Even if you are successful getting a COS from B-1 -> H1B you need to go to the US embassy in your home country to get the H1B stamp and that WILL NOT BE EASY, bcos when you went for the B-1 interview , YOU PROMISED TO RETURN BACK and the intent you demonstrated was that you are going there only for some business reason. Hence it is advisable to always go back to your home country and enter on a proper H1B VISA stamp.
These Q&A have been written for a long time. Search and THINK are equally important. Nowadays it is almost impossible to get a H1B visa. If you can easily convert B1 visa to H1B visa, then I'm sure the students holding F1 visa who completed their studies in US will protest right away. You also have to think about why the employers should hire a visiting tourist like you instead of all these skilled unemployed americans and many well educated foreign students studying in US?
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发表于 2009-4-15 12:22:00
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