I came to US on visitors visa (B1/B2). However after 2 and half months I received a job offer, whereby the sponsoring company changed my status to H1-B by applying to INS. After INS approval , since then I'm working in USA, changed 2 employers, and never been out of status . But at the same time I do not have any H1-B visa stamp on my passport. I tried to avail that from Mexico border post, but it was refused saying that I should get it from India, returned to USA same day. Now I'm planning to apply for my Green Card for which I intend to go for Consular processing .I was going through the reasons of refusal, and regarding one aspect I was unable to get my answer. Because I came to USA on B1/B2 visitor's visa and changed status to H1-B and I do not have H1B stamped on my passport, can that be the basis of refusal of my immigrant visa petition at the Consulate in India (under the definition of fraud/misrepresentation of intention of B1/B2 entry in USA)? Any input will be appreciated.
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Poosible CP problem B1/B2 to H1B transfer No Stamping
- Thread starter dipsydoo
- Start date
Originally posted by dipsydoo
I came to US on visitors visa (B1/B2). However after 2 and half months I received a job offer, whereby the sponsoring company changed my status to H1-B by applying to INS. After INS approval , since then I'm working in USA, changed 2 employers, and never been out of status . But at the same time I do not have any H1-B visa stamp on my passport. I tried to avail that from Mexico border post, but it was refused saying that I should get it from India, returned to USA same day. Now I'm planning to apply for my Green Card for which I intend to go for Consular processing .I was going through the reasons of refusal, and regarding one aspect I was unable to get my answer. Because I came to USA on B1/B2 visitor's visa and changed status to H1-B and I do not have H1B stamped on my passport, can that be the basis of refusal of my immigrant visa petition at the Consulate in India (under the definition of fraud/misrepresentation of intention of B1/B2 entry in USA)? Any input will be appreciated.
dipsydoo - this is the EXACT same situation that I am in. Entered the U.S. on a B1/B2 and now on H-1B status but NO physical H1B visa in passport. Am scheduled to appear for CP interview in Sep 2003.
I too have been concerned about somebody misinterpreting my entry on B1/B2 as fradulent misrepresentation since I later converted to H-1B. I have posted this question on this forum several times but not received a response - I guess there are very few people with situations similar to ours.
My guess is - since everything we did was LEGAL and by the book i.e. legal conversion from non-immigrant intent to dual intent to immigrant intent - we should be OK. We may just have to do more explaining than usual at the time of CP interview. But hopefully we should be fine.
Good luck.
There had been people who had questions on the stamping (or no stamping) of H1-B Visa on the passport.
I could narrate a somewhat related incident of myself.
My passport was stolen. I had travelled to US on numerous ocassion on the lost passport including B1. Then I got a new passport and also got my current H1-B Stamped.
Went to CP. The Consular officer asked my for the old passport which would carry my B1 and H1-B Visas. Then I told him that it was stolen. He just asked me a copy of the police report and wanted any proof that I could show him that I was in legal status during my stay. I showed all my I-797s for H1-Bs and said I don't have any legal record for H1-B but told him that he could check their system as I got my B1 from the same consular post (chennai). He said that's fine and didn't ask anything further.
So, keep cool and answer him whatever you need to say. If I am you and If I am asked as to why I didn't get H1-B stamped on my passport, I would tell that couple of my friends had a nasty incidence of passport being lost in mail when they applied for revalidation. I decided to get it stamped during my India travel. But since then I hadn't had a chance to travel outside of US. Hence didn't get it stamped. But here are my I-797 forms to prove that I was in legal status.
Hope this helps.
Cheers,
Ganesh.
I could narrate a somewhat related incident of myself.
My passport was stolen. I had travelled to US on numerous ocassion on the lost passport including B1. Then I got a new passport and also got my current H1-B Stamped.
Went to CP. The Consular officer asked my for the old passport which would carry my B1 and H1-B Visas. Then I told him that it was stolen. He just asked me a copy of the police report and wanted any proof that I could show him that I was in legal status during my stay. I showed all my I-797s for H1-Bs and said I don't have any legal record for H1-B but told him that he could check their system as I got my B1 from the same consular post (chennai). He said that's fine and didn't ask anything further.
So, keep cool and answer him whatever you need to say. If I am you and If I am asked as to why I didn't get H1-B stamped on my passport, I would tell that couple of my friends had a nasty incidence of passport being lost in mail when they applied for revalidation. I decided to get it stamped during my India travel. But since then I hadn't had a chance to travel outside of US. Hence didn't get it stamped. But here are my I-797 forms to prove that I was in legal status.
Hope this helps.
Cheers,
Ganesh.
Last edited by a moderator:
Originally posted by dipsydoo
I came to US on visitors visa (B1/B2). However after 2 and half months I received a job offer, whereby the sponsoring company changed my status to H1-B by applying to INS. After INS approval , since then I'm working in USA, changed 2 employers, and never been out of status . But at the same time I do not have any H1-B visa stamp on my passport. I tried to avail that from Mexico border post, but it was refused saying that I should get it from India, returned to USA same day. Now I'm planning to apply for my Green Card for which I intend to go for Consular processing .I was going through the reasons of refusal, and regarding one aspect I was unable to get my answer. Because I came to USA on B1/B2 visitor's visa and changed status to H1-B and I do not have H1B stamped on my passport, can that be the basis of refusal of my immigrant visa petition at the Consulate in India (under the definition of fraud/misrepresentation of intention of B1/B2 entry in USA)? Any input will be appreciated.
I came on B1 and then went back to India and then came after 4 months on H1 again. Although this is not your case but here is my 2 cents...
During my CP the consular officer saw this on my passport and asked me if I had come to US to search jobs?
I told him clearly that it was not the case. I had only come here to gather requirements and attend meeting as stated in my invitation letter which was the fact. So as suggested by others tell the clearly that you did not come here to search jobs. You can carry the invitation letter from your old company if you still have it.
I see no problem. As long as you have all the paper work. approved H-1's, and extensions in H-1 if required, it will be okay.
But you will have to satisfy the consular, that the real reason for B-1 was not for searching a job here. Well for CP they really donot have any reason to reject unless there is really some thing wrong with your petition or security concerns.
But you will have to satisfy the consular, that the real reason for B-1 was not for searching a job here. Well for CP they really donot have any reason to reject unless there is really some thing wrong with your petition or security concerns.
they can also deny for fraud or misrepresentation of the facts. But I personally feel there is no misrepresentation of facts as far as your greencard process is concerned irrespective of what happend when you came here on visitors visa. bottom line it all comes down to whether the official at the counter wants to give you a hard time before letting you off the hook. eventually though I feel that everything will be fine.
Thanks for your input guys.
I definitely did NOT enter the U.S. for purposes of seeking a job. I entered for purposes of pleasure visit (my passport shows evidence that I would travel to the U.S. for vacation every 6-12 months). During this visit I happened to meet my current employer - who offered me a position and I accepted. Since then I never left the U.S. - so no H-1B stamp on my passport.
Does that sound like a reasonable explanation that should be acceptable to the consular officer??
Thanks.
I definitely did NOT enter the U.S. for purposes of seeking a job. I entered for purposes of pleasure visit (my passport shows evidence that I would travel to the U.S. for vacation every 6-12 months). During this visit I happened to meet my current employer - who offered me a position and I accepted. Since then I never left the U.S. - so no H-1B stamp on my passport.
Does that sound like a reasonable explanation that should be acceptable to the consular officer??
Thanks.
well if you want me to be honest then no. it doesnt sound very convincing. I guess if you had returned from your visit back to india then come back again on an h1 that would be more acceptable than switching a B visa to H. Especially because the US consulates are frowning about this a lot post 9/11. I guess if the consular officer gets on the rut of why you came on a B visa and got a job its going to be difficult for you to convince him that you did not do it deliberately. on the other hand he may not even look at it and just approve your case without any questions. bottom line nobody can tell with these guys what their pattern is.
anand72- I guess you are right. Look at my case. I came for exam. Already had an offer in India. Got a local offer after 2 half months. Joined. So 99% chance that the immegration officer is going to consider as misrepresentation. However if the officer evaluates the petion based on my current representations, there is no falsification of facts. I applied for GC. Never out of status. No criminal record. EB2 okeyed. The question is whether the evaluation is based on past so called misrepresentaion (as immegartion officer views it) or the facts stated in DS*** forms. I'm not too sure , based on what they are to evaluate MISREPRESENTATION/FRAUD.
There is no definitive rule regarding that I guess.
There is no definitive rule regarding that I guess.
B1/B2 and CP interview
Well, both of you have valid points. And after 2001, they are more strick.
But same can be said about people like me who came on F-1, after graduation/job converting to H-1 and then GC.
So it is true a more convincing argument is... coming here on B1/B2 and going back and re-applying for H-1 and coming back.
But I think if all the paper work is correct then they should not raise any issues.
But again I am not issuing IVs and the interviewers have a mind of their own.
Well, both of you have valid points. And after 2001, they are more strick.
But same can be said about people like me who came on F-1, after graduation/job converting to H-1 and then GC.
So it is true a more convincing argument is... coming here on B1/B2 and going back and re-applying for H-1 and coming back.
But I think if all the paper work is correct then they should not raise any issues.
But again I am not issuing IVs and the interviewers have a mind of their own.
Originally posted by anand72
txcp F to H will not come under scrutiny as there is no rule stipulating you cannot switch from F to H. But now there is a rule that you cannot switch from B to other visas without leaving the US first.
I thought the rule ONLY applied for B to F conversion. I am quite sure that B to H conversion while in the U.S. is still legal as per BCIS. Please let me know if I am mistaken.