How to convert B1 to H1B

[heyitsmeok]

I have seen so many queries around this topic but do not see any answer yet. I would appriciate if some one can point me the direction. In 1998, I came to US with an H1 B and was gone back to India. My H1 B visa expired in March 2001. Now, I came to US on B1 (multiple entry 10 year) visa to for the knowledge transfer. Now my company wants me to start working here by applying for H1B. My I 94 is valid for 2 months only. Now can some one tell me:

1. Is there any way to extend I-94 date?
2. Is VISA conversion possible from B1 to H1B without going back to India?
3. Do I have to go back to India and wait till I get my H1B?
4. When I’ll get my H1B, is it a must to go to India for visa stamping?
5. Will my new H1 B considered as an extension to my earlier H1B?
6. Incase, I can’t get an extension of I-94, can I travel to Canada, file H1B under premium processing and come back to US in a week? Will this entry have an impact on my H1B/B1?

 

[waitin_toolong]

if you apply for the COS to H1B before the I-94 expiry then you can remain in status but should not work till you have H1 approval, to avoide long delay you might go for premium processing.

You dont need to get a stamp, if you get H1 approval with new I-94 attached to it, else you need to get a stamp before you statrt working.

Since this is a change from B1 to H1 I am not sure you should go to Mexico or Canada for stamping home country might be the best options.

If you have spent more than a year abroad since ur last H1 stay in US, then ur H1 clock has been reset and you have six more years to work here.

It cannot be an extension, as extension request has to be before the current I-94 expires(the H1 -I-94 which expired in 2001).

Since last time u were counted towards H1 cap was in 1998, depending on when you actually arrived in the country you may or may not fall in cap, as u r cpunted towards cap onec in six years.