B1/B2 Visa Transfer to H1B after having H1b approval petition

Hi All,

My Friend came to US on H4 and got H1 last year and worked for 6 months on H1b(he has only H4 stamped on his passport, it’s expired now) and left US 1 month ago. Now he is in India and H1b petition is valid till 2017.

Question 1) can he go for B1/B2 Stamping now and travel to US without any issues? Does he need to change the status first to go for B2 Visa stamping? If yes… please let me know the process.

Question 2) After coming to US on B1/B2 Visa, if he wants to transfer his H1 and assume the H1 got approved with new employer (Or if he get any job with the same employer who holds his H1 earlier)… can he change the status from B2 to H1? Or does he must leave US (once he get Offer/or new H1 approved) and should enter after H1 stamped? Please reply back asap.



Your friend has a higher chance of H-1B stamping approval than a B-1/B-2 stamping if all papers are in order. Can he not go for H-1B stamping now? It is also in violation of a USCIS rule if your friend has an approved H-1B and is seeking to get stamping in a B-1/B-2 category.

Best wishes

Dr. Sandeep Shankar,



Hi Snadeep,

As he doesn’t have any project, can’t go for H1 stamping now, (if he get any project has to file amendment and should go for stamping). But he wants to come to US to clear his loan, return the Car, cancel Apt lease and close the bank A/C.

so he is planning to go for B2 visa stamping, if he wants to go for B2… does he need to cancel the H1 approved petition? Or can he go for B2 stamping directly.In future, if he get any project-then he wants to go for H1 stamping. please let me know your thoughts…