B2 to H1 - Can you please update rules for 2005 ?

[r2igc2006]

Hi
I saw that the answers to this were provided by Rajiv in 2003. Can you please update the FAQ with following answers with most current laws:

Q) My parents are here on B2 visitors visa. Someone offered my Dad a job and said they can file I-539 change of status to H1-B and that it will be approved in a couple of months and he can start working Oct 1. The employer also says that his B2 visa will automatically be converted to a H1-B visa ? Is this true ?

Q) My understanding is that if you change your status from B2 to H1-B then you can start working but if you were to travel you still have to get a H1-B visa stamped. Now can this be done in Canada or do you have to go back to home country India ?

Q) Does one need to get a H1-B visa stamping also done and enter country again on that before they can start working or can they start working after change of status gets approved (from Oct 1) ?

Q) What happens to the spouse ? Does she have to also get the change of status to H4 while within US or can she go back , apply for a H4 visa in India after Oct 1 and then come back on a H4 visa later ?

Q) And finally if any of the H-visas are rejected, does it affect their 10-year multiple entry visitor's visa or will that be still valid ?

Thanks

 

[great guru]

Hi
I saw that the answers to this were provided by Rajiv in 2003. Can you please update the FAQ with following answers with most current laws:

Q) My parents are here on B2 visitors visa. Someone offered my Dad a job and said they can file I-539 change of status to H1-B and that it will be approved in a couple of months and he can start working Oct 1. The employer also says that his B2 visa will automatically be converted to a H1-B visa ? Is this true ?

Normally B2 to H1 come without an I 94 at the bottom of approved H1b notice. If the approval notice come with out I 94 at the bottom of the H1 , then b2 is not automatically converted to H1. So one has to go out of USA to get H1 visa stamped in the pp and enter again to start the job. If , by chance, I 94 come with H1 approval notice, status is autmatically changed to H1 rom B2.


Q) My understanding is that if you change your status from B2 to H1-B then you can start working but if you were to travel you still have to get a H1-B visa stamped. Now can this be done in Canada or do you have to go back to home country India ?

Again based on I 94 at the bottom. If no I 94 at the bottom, you should not start working with your employer. (First of all you will not get your SSN from the I 94 card citing B2 on it)
Q) Does one need to get a H1-B visa stamping also done and enter country again on that before they can start working or can they start working after change of status gets approved (from Oct 1) ?

Q) What happens to the spouse ? Does she have to also get the change of status to H4 while within US or can she go back , apply for a H4 visa in India after Oct 1 and then come back on a H4 visa later ?

Q) And finally if any of the H-visas are rejected, does it affect their 10-year multiple entry visitor's visa or will that be still valid ? There is no visa rejection, it only H1 petition. Visa will be only rejected at consulate.
Thanks