Filing for COS from B1/B2 to H1, PLEASE HELP

M

Manish Malani

New Member
I was in the US on F1 visa from June 1997 to Dec 1998, then had 2 H1 visas. I left US in Dec 2001. At present I am in Canada on Peramanent Residence since May'04. In July'04 I applied for B1/B2 visa, to move my stuff from US to Canada. My B1/B2 is valid till June 2005.

Now I have an offer from a US company based in Texas, they are asking me to come down on B1/B2 visa, sending an invitation letter for a project study for 1.5 months.
They said as soon as I land there (Feb end), they would transfer B1 to H1 visa. They also said they would file for an extension of B1 visa if required cause my I-94 would expire before my H1 comes in.
They mentioned I can start working with them immediately after getting the receipt from INS for change of status request.

Please let me know:

a) Can I go to USA, based on the invitation letter from the company for a project study?

b) Do you forsee any immigration problem, based on my background. Can I be legally paid by the company after getting a receipt from INS.

c) How long would the change of status transfer take, I have an MBA in the US, do I qualify for 20,000 quota begining March'05?

d) Would I face any issue when I come back to Canada for doing my H1 visa stamping at US Consultate in Toronto?
 
a) Can I go to USA, based on the invitation letter from the company for a project study?

Yes, you can. You will have to satisfy the officer that it is a short term trip and you are going for a project study. You will be back once the study is complete.

b) Do you forsee any immigration problem, based on my background. Can I be legally paid by the company after getting a receipt from INS.

There should not be much immigration problem if you don't break any rules. You cannot start work until your H-1B change of status petition is approved. Once you obtain the approval notice, you can legally be paid by the US company. You cannot be paid by US company on business/visit visa.

c) How long would the change of status transfer take, I have an MBA in the US, do I qualify for 20,000 quota begining March'05?

Having done your Master's from US, you will qualify for additional 20000 visas. Petitions can be filed from 8th March. If your company goes for Premium processing, you may get a decision within two weeks. But just take care that sufficient time has expired on your B-1 (preferably 60 days) before you apply for Change of status.

d) Would I face any issue when I come back to Canada for doing my H1 visa stamping at US Consultate in Toronto?

No, if you do not break any law and maintain valid status throughout.
 
Thanks a lot for your response. I am also considering the option of getting my H1 visa processed while I am in Canada, and then get the stamping and enter US.
My company is saying that I would need to wait till Oct '05. But as you mentioned as I have an MBA in the US, and also using premium processing, can I get the H1 B petittion approval by April/May '05?
 
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