H1b - Two Baffling Choices....????

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nehakapoorjewel

New Member
H1B - TWO BAFFLING CHOICES....????

Dear friends and respected elder members,

I am neha from kolkata, india.

I am currently holding a B1/B2 10 year multiple entry visa for USA issued in June 2001.

Now I have travelled twice to USA once in Dec 2001 and again in August 2002 for roughly 15 days each time.

A comapny in USA (NJ based) is ready to sponsor my H1B but they are asking me to travel to USA in middle of january 2006 and then they plan to apply for H1B in april 2006.

Now I am really having two choices:

Choice One: Stick to the fact they they should apply for my H1B while I am in India.

Choice Two: I travel to USA around middle of Januray 2006 and then they apply for H1B in
april 2006.

Now They are preferring and insisting choice two.

Can knowledgeable people here put some light on the two issues.

I mean which option is better and why...??? What problems i face in each...???/

Any personal experiences........???????

Your suggestions / advices / opinions will be more than appreciated.

Infact I am going to base my decision more or less on the responses that i get here.

Thanks in advance for reading my lengthy post and possibly suggesting what u think is
better and may be with reasons.

Again thanks your time, patience and effort with me is appreciated.

regards

neha kapoor

nehakapoorjewel (at) rediffmail (dot) com
kolkata India

p.s. plz be as elaborate and descriptive as u can in ur reply....thanks !!!!
 
It appears that your company wants you to work for them on B1/2 while they wait to file your H1. They cannot file before april2006 with a start date not before Oct 2006. You will not be able to stay for more than 6 months without an extension and cannot be paid a salary while on B1/2. Staying this long and working for them on B1 might make it difficult for you to get a H1 visa later at the consulate. So be careful.

I am sure others will weigh in soon.
 
1. No legal issues with choice #2, as long as u don't try to work while on B1/B2 status

2. If you go choice #1, you will have your H1B stamped in India, before you leave. This can take up tp 3 months to get an appointment. If you do a B to H transfer in the USA, then you will need to get it stamped on yr passport when u r in India next. Also takes time, but you can schedule yr appointment over the internet while still in the USA

3. There is no guarantee that a B to H transfer will be granted (usually IS granted), so, negotiate return air fare in the worst case.

Waitin_toolong's points are all very valid
 
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