B1 to H1 transfer process and chance of approval

USA H1B Visa
1

Hello Experts,

I came to US on 28th Sep 2016 , B1 visa through employer A(got 6 months validity at Port of Entry). My H1B petition is filed by employer B and was picked in Apr 2016 lottery,then my H1B petition is approved on 28th Sep 2016(Same day i entered US).

Since i am already in US on B1 visa and had a valid approved H1B petition, can i change my status from B1 from employer A to H1B from employer B and start working on H1B status…?

1.What is the procedure, any criterion ( 60 days of B1 stay in US required…?), Fees and how much time will it takes to convert?

2.If my employer B applies for change of status COS, can i work on COS receipt number before it gets approved ( in 90 days )…?

  1. If my B1 to H1B conversion rejected by any chance in 3rd month, will my stay become illegal ( if i get to know COS status before my B1 validity expires – 6 months )

Employer B dont have any projects currently and asked me to go back to india in Dec 2016 and get the H1B stamped in Jan 2017 and come back after stamping.

4.Can i change my H1B employer in US directly, as i have an offer from employer C to transfer H1B from Employer B to Employer C. Can my employer C directly file change of status?

5.I dont have H1 copy with me, but i have H1 receipt number, with the receipt number, can i transfer from H1 from Employer B to Employer C?

6.Is this conversion ( Change of status - COS) possible with out any legal issues, futher if i go to stamping in india when i go to india after 1 year?

Please let me know answers to all my above questions, as i am new to US. Thanks.

2

  1. It is recommended to wait for at least 30 days before filing this. You can look-up 30/60/90 day guidance to learn more about this. I-539 (COS) needs to be applied and you can see the fees, form and process online on USCIS site.

  2. No, you need actual approval notice before starting to work on H-1

  3. Your current B-1 status is not impacted in case COS is denied.

  4. Yes, C can apply for cap-exempt petition + COS for you.

  5. It is possible as USCIS can look-up the receipt number in their own system to get the details. However, the new employer may want to see the actual approval notice to know that it belongs to you before spending money on you.

  6. It should be fine but as always any petition processing and/or visa stamping can run into one or more issues. There is not 100% guarantee.