B1 in lieu of H1B visa process

USA H1B Visa
1

I’m from India. One of the comany in India offering me a B1 in lieu of H1B
Visa. Only Passport copy & ID proof (soft copies) were taken for the Visa Process. He mentioned that visa process will be intiated at US consulate and I need to attend visa interview in the month of Dec-2014

Submitted my above mentioned documents to the agency on Sep-22-2014 as he mentioned that 30th sept is the last date. As per the agency the visa process would take 90 days (starting from Sept 30th)

My Queries :

I would like to understand if this the correct process or am I going through a Scam. My Graduation certificates & IT exp was not requested for the Visa Process. However, he mentioned that US $4000 would be my pay in US company (Pay will be credited to indian bank account and accomidation will be provided by the company in US) . They mentioned that Visa validity would be 5 years

What are the mandatory documents or requirements for this visa ?
Is labor certificate required for B1 in lieu of H1B visa ?
Once I reach USA, What are the possibility to transfer “B1 in lieu of H1B” to “H1” Visa ?

Thanks

Bhushan

2

Hi Bhushan,

I would suggest following up thoroughly, because on B1 you can’t work and B1 can only attend meetings, conduct business, tour the country. If the agency is giving you a B1 in place of H1b, they are obviously trying to break the law somewhere.

Also, once you enter the US on a B1, you will still have to go thru the process of getting a new H1b.
Also, depending upon which location you are going to work - $4000/month is very less, do consider the tax deductions.

3

Scam - B1 is not allowed to work - if caught deportation will follow.

4

I got below information from immigration lawyer.
The B1 in lieu of the H1B must be applied for by you through the US consulate and you will need to appear for an interview.
You cannot be paid for your services in the US.
Here is what the Chennai Consulate says
Individuals may apply for a B1 or B1/B2 visa to perform H-1B work in the United States as long as they fulfill the following criteria:
Hold the equivalent of a U.S. bachelor’s degree
Plan to perform H-1B-caliber work or training
Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
The task can be accomplished in a short period of time.
Refer to this consulate link:
http://chennai.usconsulate.gov/types_of_visas/temporary-employment-holp/b1-in-lieu-of-h2.html