Changing status from B1 to H1

[modestfriend]

I have a friend whose H1 visa in passport has been cancelled when he went for B1 stamping, but his I-797 petition is currently valid. He now wants to fly USA on B1, wait for 60days and then apply change of status from B1 to H1 and work accordingly. When on job with H1, he wants to invite his family on H4 as dependants.

Wanted to hear comments or previous experiences, from seniors as how this goes? Any hiccups/surprises?

Thanks.

 

[ginnu]

I have a friend whose H1 visa in passport has been canceled when he went for B1 stamping, but his I-797 petition is currently valid.
-------- If he had job offer from US employer and had H1 Visa stamp why did he go for B Visa stamp? explain the full details/ situation.

He now wants to fly USA on B1, wait for 60days and then apply change of status from B1 to H1 and work accordingly. When on job with H1, he wants to invite his family on H4 as Dependants.
--------------He should talk to lawyer or Company lawyer who are ready to file B1 to H1 COS. At this time USCIS is very strict and may deny H1. Every case is diffrent and he should discuss with good lawyer.
Wanted to hear comments or previous experiences, from seniors as how this goes? Any hiccups/surprises?

Thanks.

-------------------

 

[modestfriend]

@ginnu:
Since market was dry and he had no job, his employer wanted him to look for job in home country and so joined Company B. So this company B needed him to fly on B1, while his I797 petition is with Company A. Regarding Lawyer, will ask him to catch up with employer.

Thanks.

 

[ginnu]

@ginnu:
Since market was dry and he had no job, his employer wanted him to look for job in home country and so joined Company B.
-----do you mean to go out of US and join Company B in India?
So this company B needed him to fly on B1, while his I797 petition is with Company A.
----- if the company B has branch in US then why they did not file H1 petition for him and he could get H1 approved and then get H1 Visa stamp and enter US on H1 status?why they are calling him on B1?
Regarding Lawyer, will ask him to catch up with employer.

Thanks.

FYI if your friend has job in India he should not leave that job. if the US company who told him to come to US on B1 and then they will file H1 in US then they gave him wrong advice. FYI at this time many H1 filed Fresh or new or H1 Transfer are getting rejected by USCIS . even if one gets H1 approved then person faces problems for H1 stamping in US consulates in India. Those who have been on H1 status and got H1 extension approved and went to India for vacations or to meet parents and wanted H1 stamp from Consulates are being rejected OR consulate asks lot of document from US employer and many who provided the documents asked by Consulates in India are still waiting for Visa or getting Visa rejection.This has started 4-6 months back.

Your friend should talk to Company lawyer and make the things clear.