H1 and B1 issues:Very Urgent....Plsssssss...Help....

H

H1Advice

Registered Users (C)
Hi,

I have an issue that I need help with.

My friend holds a B1 from a company from India. He had applied for a H1 from a consultancy in India. He got his H1 approved in Oct 2005 at that point he was in US on B1. However, his consulting company that holds his H1 had filed for his change of status from B1 to H1. However, before his change of status was approved, he had gone back to India. Now he is supposed to come back to US on a B1 of his company in India again next month. But his consulting company says that his status is now H1 so if he tries to come to US now on B1, he will be sent back to India at the port of entry. His H1 is not stamped and he is not on H1 payroll yet. He has only B1 stamped on his passport. And currently working for the company that holds his B1.

Since he has changed his status from B1 to H1 does his B1 VISA still hold valid??

If he comes on a B1 VISA with an approved H1, but not stamped, and status as H1 can he still enter US on a B1.If he does then will his H1 get affected in any way??

I want to know if there is any work around for this issue. I know it is complicated. Any help with regards to this is very much helpful.

Thanks,
Apps
 
If he left the US during COS is pending, COS petition is considered abandoned.
If that is the case, he is not on H1 status yet.
He needs to reenter the US with H1 stamp to be on H1.
 
I understand that he needs to get H1 stamped if he reneters US. However, is his B1 still valid? Can he come into US with his B1?

His COS was approved after he left for India.

Thanks,
H1Advice
 
B visa itself should be valid unless it's cancelled or expired.
Sometimes consulate stamps "cancelled w/o prejudice" stamp on old visa when you go to consulate for H1 stamp. Then he can not enter the US with B if this happened to his B visa stamp.

And his change of status is not valid, thus he is not on H1 now.
 
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