B1 to H1

Teja2001

New Member
The below are the details of my H1 & B1.

I was holding H-1 visa which has expired. However, I hold currently a valid B-1 visa and would like to change my status to H-1. Can you clarify the following questions?

1) Can I change my status to H-1 from B-1 visa If my prospective employer is willing and ready to sponsor?

2) Can my H-1 petition be considered for cap exemption?

Here are the dates of my H-1 and B-1 Visa validity periods:

H-1 : 08/24/2006 until 06/18/2009 (returned to India on 03/03/2009)
First time I came back to India in April 2005 and stayed more than an year and again I came to USA in June 2006 and went for an extension for which I got the extension period of above, so I can say I used the fresh h1 only for 2 years out of 6 years.

B-1: 04/08/2010 until 03/28/2020

I am currently residing in India.

Appreciate your quick response regarding pros and corns of the status change ....

Thanks,
Teja
 
B1 to H1
The below are the details of my H1 & B1.

I was holding H-1 visa which has expired. However, I hold currently a valid B-1 visa and would like to change my status to H-1. Can you clarify the following questions?

1) Can I change my status to H-1 from B-1 visa If my prospective employer is willing and ready to sponsor?

2) Can my H-1 petition be considered for cap exemption?

Here are the dates of my H-1 and B-1 Visa validity periods:

H-1 : 08/24/2006 until 06/18/2009 (returned to India on 03/03/2009)
First time I came back to India in April 2005 and stayed more than an year and again I came to USA in June 2006 and went for an extension for which I got the extension period of above, so I can say I used the fresh h1 only for 2 years out of 6 years.

B-1: 04/08/2010 until 03/28/2020

I am currently residing in India.

Appreciate your quick response regarding pros and corns of the status change ....

Thanks,
Teja
 
There is no such thing as status change from B to H. You apply for H1B, if you get approved, you enter the US on H1 and that's it. Your B visa still is there for you to use in case you are no longer on H status and would merely like to visit the US.

I am no aware of the whole cap exemption topic so hopefully someone else will respond.
 
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