how Can I stay on I-797 approval after my i-94 on B1/B2 is expired ?

I am on H1B here, My husband (married last month) has B1/B2 & visited USA in 2006 & 2007 for 3 months each by his then employer.

Now he wants to permenantly move here with me, please suggest me an option that will work, below are what I am thinking to do

Enter usa on B1/B2 visa in march 2014.

Apply for H1B Visa in April 2014.

start working from oct 2014

I am worried his H4 might be rejected coz the immigration has a history of him working in the past, & entered the USA on b1/B2

H4 won’t be rejected just because he has travelled on B1/B2 before. It will only if he conveys any intention whatsoever of working in the US while on H4.

On the other hand, even if someone applies for a H1 CoS petition for him from B1/B2 to H1 - he will be out of status and need to leave country before his H1 kicks in (which will be October 1).

Suggest you apply H4 for him immediately, have him travel on H4 by March so he can find an employer who can file his H4 to H1 CoS

Heartfully thanks for your time on this, please give me little more clarification

He comes on b1/b2 as a visitor, nd his i-97 is valid till sep30 nd i- 797 is approved in april2014, does he still has to step out of usa for stamping ? He cant stay with i-797 approval nd work ? Stamping can be done later ?

H4 -h1 needs more than60 days gap ??

Employer is ready to sponser his h1, he is not interested in getting stamping from home country.

B1 duration of stay will only be 3 months max. And it is not advisable to do B1 to H1 CoS - very high chance of rejection of approval & stamping.

B1 is meant for Business purposes only and supporting documents needs to be produced at port of entry when coming to US. It may be illegal to search for jobs while on B1.

B1/b2 is equal to visitor visa, with 6 months max my mother inlaw came last year nd stayed for 6 months, at the port of entry she got i-94 valid ffor 180 days, nd i did see the same on - B-1 Temporary Business Visitor | USCIS

Help me please if iam going wrong

Thanks a ton for your time nd efforts, i heartfully wish u great success in life

Yes, you are going wrong. Pls read up more on this.

B1 is for Business purpose. B2 is for tourist visitor.

My opinion again - forget B1 to H1 conversion. H4 to H1 is the best option you have.

You will be misusing the B1/B2 in this case. The right visa to use is H-4 as mentioned by catapult.

Let’s say he enters on B1/B2 in March, and is given I-94 for 6 months (the duration is as per PoE’s discretion), then I-94 will expire sometime in Sep. When the H-1 is filed in April, COS approval will be dependent on I-94 through Oct 1, which is not the case. So B1/2 extension needs to be filed and can cause additional scrutiny from USCIS asking about the intent etc. Worst case scenario, if H-1 is not selected in the lottery, then he will have to leave US before I-94 expiration date. Also, when going for H-1 stamping in future, he may be asked why he stayed for 6 months in US on B1/2. The consulate will want to ensure he wasn’t doing any productive work on B1/2 as it has been misused this way in recent history.

Compare this w/ entering on H-4. H-4 I-94 will be valid until your H-1 I-94. So COS will not run into RFE b/c of this. If he doesn’t make through lottery, then he can still stay as long as you are in US. And no B1/2 questions will be asked during any future H-1 interview.

Thank you so much for all your time guys, now I have new updates & doubts.

  1. Employer is ready to file my husband’s H1 now in April 2014, while he is in india.
  2. The employer says he can come on B1/B2 sometime in July/Aug & work from Oct & go for stamping in later years.

Is it ok to travel on B1/B2 after your H1 is approved & you did not go for stamping.

I had done the same scene, got my H1 in 2008 april & received my 797 to India. however, it was recession time no jobs, but my employer in India sent me on B1 for a month. & I went back though & came on stamped visa in 2010.

2nd option - My husband is thinking to do MBA, can he come on B1, find a college & change to F1 ? & study for next 2 yrs & then think of H1 next year or so after MBA.

Better file H4 for him… Going on B1 and then applying is risk as it would result in misuse of B1…

H4 doesnt have any affect because of B1…

I don’t know why you are so stuck on B-1 and ready to misuse that immigrant visa. If you have H-1 then H-4 visa for your husband should be easy especially if you are working for a big renowned company.

When you came to US on B-1, if you did any productive work then you misused the visa. In addition, you returned to India and got your H-1 visa stamped.

In your husband’s case you are planning to remain in US on B-1 and file COS.