QUESTION
B1 to H1B change of status ( transfer of sponsorship)
Asked on Jan 21st, 2017 on Immigration - California
More details to this question:
I entered the USA in October 2015 on a h1b with employer x. I left back to India in April 2016 and continued working with the same employer from India till November 2016 when I resigned. I then entered the USA on my b1 visa and while here applied for jobs and got an offer and now the employer is willing to transfer the sponsorship. 1) is a change of status safe in this situation as b1 is a non immigrant visa. are there any risks from filing for a change of status. 2) is it possible for me to leave the USA and enter back (within a 10 day period) without filing for a change of status ( in this case the sponsorship will be transferred while I am outside the USA ). What documents would I need? Thanks. !
1 ANSWER
1. There is always a risk. You entered on a nonimmigrant business visitor visa. Did you disclose your intent to seek employment when entering? USCIS may find that you entered with the intent to change status, which is not allowed.
2. The new employer must file an H-1B petition in your behalf. This petition must be approved. You can then enter the U.S. on a valid H-1B visa.
You can read more about H-1B visas at http://myattorneyusa.com/work-visas.
Answered on Jan 23rd, 2017 at 3:41 AM