B1 to H1 Conversion when the H1B petition has pending duration

Is it possible to convert B1 to H1, when there is considerable period of time left on H1B petition even though the H1 period is expired?

What are the risks of getting a B1 to H1 transfer in the US?

Do you have a previously approved H-1 petition? What do you mean by period of time left on H-1 and H-1 period has expired?

In general, if a person is inside US on B-1, then H-1 petition can be filed along w/ COS from B-1 to H-1. If there was no previous petition, then the H-1 cap needs to be open for this. In addition, USCIS will review the COS to see if B-1 was misused as a pretext to enter US and then file H-1 w/ COS.

Yes, I have a previously approved H1 petition. This was stamped in 2002 and should be valid for 6 years. However, I returned to India by mid 2004. Can I use the same petition number to return to the US on H1B visa. since i have used only2 years out of the eligible 6 years, I think I have another 4 years of time left on my earlier H1. Please clarify if this is valid and if I can come to the US on B1 and get it converted to H1B through my employer?

H-1 petition can be used within 6 years of last use. So in this case, it could have been used until 2010 (6 years from last use in 2004). You now need to go through the cap in April 2014. The employer can file H-1 in April 2014, and you can enter US on H-1 after Oct 1 once it has been approved and stamped.

Do not use B-1 to enter US and then move to H-1. It’s a misuse of that visa and should be avoided.