URGENT H1B Question for the gurus

[obiwan]

Good day!

Hope you can help. I need to decide within the week.

I am trying to beat the deadline for the CAP and need to fly to the US (on B1/B2) for an interview for a job that is a sure thing. I hear you should wait 60 days before submitting the petition to USCIS if you arrive on a B2 then apply for an H1B while in the US.

If i wait 60 days, I feel that would be too late for me and the 65,000 slots may be used up . Is it possible to fly to US for 20 days (just to complete the job interviews) then fly back to my home country, then submit the petition for H1B so that there is no risk of wrongful intent (or will it still be viewed as wrongful intent)?

I basically dont want to risk losing my current and future renewal of 10 year multiple entry B2, i hear that if you fly back to your home country for the H1B stamp, you get to keep your current B1/B2 visa.

Really appreciate your help

 

[ginnu]

Good day!

Hope you can help. I need to decide within the week.

I am trying to beat the deadline for the CAP and need to fly to the US (on B1/B2) for an interview for a job that is a sure thing.
--- H1 Cap is not reached, last update from USCIS was that they approved only around 16000 H1

I hear you should wait 60 days before submitting the petition to USCIS if you arrive on a B2 then apply for an H1B while in the US.
------- may be, ask the lawyer when you are in US at this time your Intent is Visitor
If i wait 60 days, I feel that would be too late for me and the 65,000 slots may be used up . Is it possible to fly to US for 20 days (just to complete the job interviews) then fly back to my home country, then submit the petition for H1B so that there is no risk of wrongful intent (or will it still be viewed as wrongful intent)?
---can be done and better choice to get H1 approval notice in India then get H1 Visa stamp and enter US on H1. why can you do Interview on Telephone??? FYI Cap is not reached and may not reach for 2-3 months becase employers are not filing new H1 at this time, they are looking for H1 holdrrs in US with US experience and many H1 holders are changing employers

I basically dont want to risk losing my current and future renewal of 10 year multiple entry B2,
--- if you file B2 to H1 transfer in US then B2 is lost
i hear that if you fly back to your home country for the H1B stamp, you get to keep your current B1/B2 visa.
---- you need to depart US before expiry of I-94

Really appreciate your help