Possibility of transfer of H1 visa after entering US on B1/B2 visa


I possess valid B1/B2. I also possess valid H1 visa stamped on Jun 2108 and valid till 2020. I could not proceed to US on job immediately after stamping as my parents had fallen sick and I was attending them all the while. Thus I could not travel till now on H1. Now my parents have regained health and I want to use my H1 and proceed to USA on job. But my employer internal project ended now and I cannot showcase any project now. So can I travel on B1/B2 visa to enter USA and later check for another employer and try for transfer of H1. Is it possible. Hence kindly enlighten me as we can apply for H1 transfer while entered on B1.


You have two independent visas stamped on your passport. Yes, a new employer based H1B transfer is possible and you don’t even have to apply for change of status. However, you must respect the I-94 clock which I assume must be linked to your B1/B2. Please note that while an H1B who is waiting for USCIS outcome on a petition remains in-status while waiting, you are not in-status technically once the B1/B2 linked I-94 expires because your entry was not based on the H1B. Best wishes

You may be questioned about your intention to travel on B1/B2 at the port of entry immigration. You need valid documents, and proof to support your intention to travel on B1 in order to enter the country. Even if you say tourism, you will have to produce itinerary, funds for travel, address of stay etc.

It is always in good sense, to move to a different company in India who is willing to transfer your H1B into theirs and send you here. You dont want to be asked on your next visa/ immigration interview, as to why did you enter on B1 and then get transferred into H1, when the purpose you mentioned on B1 entry was tourism and that you would return back in 6 months or less.

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