In usa B1 visa to H1B visa transfer


right now im in usa with B1 visa for x employer and my I94 will expire jan2013. now i want to search for an employer y and transfer to H1B within jan2013.

my questions are:

  1. is it possible to search for a job with the above status?

  2. if i get the job with employer y, how will be the H1B Visa transfer procedure? and where can be the stamping?

  3. if i got the H1B Visa and if i go back to india after few months/yrs, wt could be the problems to come back to usa after india visit.

I appreciate the reply for my queries.

  1. Yes, you can search for jobs in B1

Before answering other 2 questions, H1 cap is over for 2012-12 FY, so u cannot start working until October 2013 if at all you find a “Y” employer and they file H1 with COS (Change of Status) from B1 to H1 and approval comes…
Your “Y” can only file H1 only starting April 2013.

So, what you are trying now is impossible.

2a. Employers can do change of status from B1 to H1 for which you dont need stamping unless you come out of US.

2b. If Y applies H1 without change of status, then after your H1 petition from Y gets approved, you need to get Visa stamped. Visa stamping should mostly for 1st timers to be done from home country exception of Masters students from US in Canda or nearby US countries.

  1. Problems can raise in many ways if there is an illegal status found in your previous US or any overseas stays.

My Advise : Dont stay in B1 for a long time thinking you can switch to a US employer, you may screw it. stay for a short while now and come back to India, if you get another chance to visit US during May or Apri2013l, start hunting for jobs,thats the right time for whatever questions you posted…


Thanq very much for ur reply SP
I found some info for h1b quota…but I’m not sure this is correct or not…see the below info which I got from H1Base website.
Every year, most people focus their attention and efforts solely on the Regular and the ADE H1B visa quotas, but there is also another way to get an H1B visa.H1B cap exempt visas are always available, but most people are unaware of the cap exempt program, or forget about it amid the flurry and hype over the Regular quotas.

Cap-exempt H1B’s are unlimited in number and can be applied for all year round. This is a way that Thousands of people continue to find H1B Jobs and can apply for, obtain their H1B visa and start work in the USA at any time of year.

I think if this info is correct we can get the jobs and can follow the above procedure.

Hi SP,

Currently am in US on B1 Visa and Previously I had H-1B filed and approved and stamped but I never used it,

Now can i change my status B1 to H-1B ( Under CAP exempt)