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B-1 to H-1B
 I and my wife converted our B1/B2 to H1 and H4. Our I-94 is valid up to 30th September 2007. I wanted to send my wife to India for stamping. What are the chances?
- As long as the documentation which was given for your H1 application is strong then there shouldn't be any problem with your wife's stamping.
- From our past experience, we think it makes sense for you and your wife to get your visas stamped together, reason being that yours is a case of visa conversion and you haven't yet stamped your visa.
- We think there will be questions about why you stayed back after going on a B1 and why you still haven't stamped your visa. Your wife may not be able to handle the same.
- We recommend that you talk to your company lawyer or the attorney who applied for your H1 before you take a final decision on this matter.
I have around 10 years and 6 months experience in IT particularly in QA/Testing, conversant with Manual/Automation/Process etc. During my last 10 years, I was in US for around 4 years. My first H1B was stamped on 5 May 1999 to January 1 2002. But I landed in US only on October 1999. My second H1B was from February 2002 to January 1 2005. But I returned to India on April 2003 owing to some personal reasons. From April 2003 Onwards I am in India Only. Now I am interested to come to US on H1B. Based on the above situation can I come under H1B Quota Cap? Can I renew my H1B Visa for the remaining period? Also I have 10 year Multiple Entry B1 Visa with no annotation. (Is it possible to come to US on B1 and transfer my B1 to H1?) Can you please suggest the best way to come to US?
- You can apply for a new H1 through an employer in the US.
- The visa cap is for the number of visas the US government issues per year.
- If your H1B has expired, you cannot extend or renew it since the application for renewal or extension should be filed while you are in the US and working. You cannot transfer B1 to H1.
- The best possible way would be for you to find a job in the US and then apply for a visa.
I got an a H1 from my previuos company and which was cancelled when i went for My B1 Stamping. My Question is If i file an New H1B now,will my petition will come under cap or it wont be counted.Whether new H1 will be considered into 65000 quota.
- You can apply for a new H-1 B under the quota for 2006. Which is effective from Oct 2006.
- The Process of accepting application for Oct 2006 quota has started.
I accepted employment offer while in the U.S. on a B1/B2. I subsequently returned to home country of Nepal while H1/B application was pending and then returned to U.S. again on a B1/B2 on July 9, 2006 and was given an I-94 departure date of September 29, 2006. Application for H1/B was still pending in September so we filed I-539 application for extension of B1/B2 stay. At the same time, we filed I-102 application for new I-94 because customs ripped number upon entry. I remained in U.S. after September 29, 2006. On October 2, 2006 I received my H1/B approval notice I-797B. No I-94 was attached probably because POE consulate box was checked making it look like I was not in U.S. Note that I-539 is still pending but I-102 application for new I-94 was returned for error without original I-94. What do I do now? Even my lawyer is confused. Can I work? Should I apply for a new I-94 with status changed? Do I need to leave the U.S. now before beginning work so I can reenter and get stamp?
- You can technically start to work for your new employer on the basis of your H-1B approval.
- You can apply for a new I-94 to legalize your departure status.
- If you ever leave the US you will have to get your H-1B stamped in the country of origin.
- Based on experience, you can start to work after applying for social security.
- Please talk to an immigration lawyer as our advice is based on past experience.
My company applied for B1. But it is refused. Exactly I don't
know the reason. She didn't given any reply letter for me.(Rejection
letter). Is there any problem for me in the future when I again aplly for
visa of any type? Can I apply for B1 again? Please clarify .....
Pl ask your company to follow up on the applied B1.
You can apply for B1 as long as all the relevant documents are there with you.
I went to the US on a B1 visa in August 2004. My I-94 was valid
till Nov 2nd 2004. My company applied for H1 in just less than a month
after I went there and my H1 was approved. My new I-94 has validity from
1st Oct 2004 till 1st Oct 2007.
My wife went for H4 stamping on Oct 21st 2004. Her visa was rejected under
Section 221(g) and the consular officer asked her to furnish the following
documentation.
1. Principal applicants original Job offer letter
2. Reason as to why applied for H1 less than 30 days upon arrival in the
US on B1.
3. Atleast 6 months worth of W2 forms of all employees employed by the
petitioner.
They verbally told her that I was doing a wrong thing by not coming back
to India when the B1 I-94 expires. This statement was not put on paper
though.
She then went for stamping again with all the above documentation on
December 29th 2004. She did not take my W2 forms since my w2 forms would
not be available. They again rejected and asked her to come back in
February with my W2 forms for 6 months.
I did not want to stay back in the US till February because it was already
five months I was alone in the US.
We are planning to go for H1 stamping together this time. I still do not
have w2 forms for 6 months because I have not worked in the US for six
months on H1.
What should I do ? Please suggest next steps.
Thank you very much.
You have to come back to India for stamping and then your wife can get H4.
Pl go for stamping if you have W2 forms.
It is not legal to stay, if your B1 I-94 has expired.
Talk to the lawyer.
I was a h1 HOLDER
I changed status from
H1 to B1 entered US then
B1 to H1
H1 to H1
H1 to H1 as I took a permanent position
do you see a problem if I go back for a stamping in chennai.
We donot forsee any problem as long as your documentation is in order.
I have a valid multiple entry B-1 visa for five years. I have been travelling with my employer on BEP. I have now switched companies. Do I need a fresh B-1?
Legally you need to apply for a fresh B-1 visa.
If I am travelling on a B-1 visa, can I convert the same to an H-1B visa in the US, if I get a job? Do I have to travel back to India for stamping?
You cannot convert a B-1 visa into an H-IB visa. Your employer will have to apply for an H-IB visa and you can stay in the US on the basis of the H-1B approval. When you return to India, you need to get your H-1B visa restamped. You will have to get your H-IB stamped if you leave the US.
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