Entering US on B1 Visa while H1 is still pending

[dance_dude_007]

Hello Everyone,

I am in a quick fix and Do fervently hope that I can get some solution in this forum. I am in India have valid B1 visa for 10 yrs. An employer in US has started processing my H1-B. Now he wants me to come ASAP on B1 visa to US even though my h1 is still not approved as of yet.

In these circumstances, what are my options:

Can I enter US on B1 and work there for some time till my h1B gets approved and then come out and stamp H1 on passport and go back in again?

Is it illegal to enter on B1 if H1B is still being processed?


Would apprecaite any relevant advice.

thanks

[Bosko_Djurovski]

Originally Posted by dance_dude_007

Hello Everyone,

I am in a quick fix and Do fervently hope that I can get some solution in this forum. I am in India have valid B1 visa for 10 yrs. An employer in US has started processing my H1-B. Now he wants me to come ASAP on B1 visa to US even though my h1 is still not approved as of yet.

In these circumstances, what are my options:

Can I enter US on B1 and work there for some time till my h1B gets approved and then come out and stamp H1 on passport and go back in again?

--> No, you can't enter claiming B1 status and work. That is considered unauthorized employment. Further more when your H1-B gets approved you can't just assume that your status has automatically changed. You need to go out of US (not sure if that needs to be your home country) and re-enter claiming H1-B status. The other option is to request a change of status from B1 to H1-B while in US. However that is a separate application and you may not be able to work while it is pending.

Is it illegal to enter on B1 if H1B is still being processed?

--> There is nothing illegal in entering as B1 while H1-B is pending. However entering as B1 implies that your intent was a temporary stay for personal reasons. It may be considered a fraud to change that intent within short period such as 30-60 days from entering (note that this period is just a guess and it is a curtesy of Immigration officer to asses whether preconceived intent to work or immigrate existed at the POE when B1 was claimed)


Would apprecaite any relevant advice.

--> The bottom line is, I'd advise you to wait H1-B approval, get an H1-B visa stamp in passport and then enter the US in order to start working.

thanks