B1 to H1 issues - urgent

backtobharat

New Member
I was on H1 for 3 years till Feb\'02 and now in India (my last employer has not revoked my H1). An Indian company wants me to go to their US head office on B1 business visa for 2 mths.
If I get B1 at consulate, does my H1 status end by itself? If someone offers me a H1 job (when I am in US next month), can they file H1 transfer or do they need fresh H1?
How commonly do B1 business visitors apply for H1? Do I have to go out and get H1 stamping again?
If consulate declines B1 due to valid H1, does my H1 also get affected by that?
 
Answers

You cannot simultaneously be on B1 and H1. The latest stamp is the valid one. If you want to use that H1, your H1 company has to pay you for the interim period too.

If somebody offers you a h1 job, you can do a B1 to h1. But you have to wait until h1 is approved before starting to work. i.e. like a new H1.
No stats on B1 to h1. If you want a stamp you have to come out of US. However if the b1 to h1 comes with a I94 you can get the stamp at your convenince
If consulate declines B1 due to valid H1, consulate will tell about H1 too.
 
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