Can I file H1 through any consultant when I am in US on B1/B2 visa

[sanju_ganguli]

Hi,
I have B1 visa valid for 5 yrs/multiple entries. I have come to US 3rd time & will be staying here till June 2006, and want to apply for H1 through a consultant. Consultant told me he can`t process my H1 becuase I am right now in US. Either I should stay in US till my visa gets approved or have to go back before he starts processing..He has faced similar problem last time

I would like to know Is there anyworkaround ..or any legal problem if I do H1 processing now ?

Sanju..

 

[GotPR?]

Consultant told me he can`t process my H1 becuase I am right now in US. Either I should stay in US till my visa gets approved or have to go back before he starts processing...

In this circumstance, you can apply H1 in the US, but you need to get stamp before you start working unless you will have valid status upon H1 start date.