Longer stay on B1 effects H1?

[sriram.usa 0]

Hi All,

This is Ram.I have a query regarding the H1B visa.

Right now I am in US on a B1 visa.I was in US from Feb 2011 and my B1 is stamped for 6 months (untill July 2011) and my employer is planning to apply my H1 this year in July or August.

I heard that staying in US on B1 visa for more time ( 6 months continously) will effect my chances of getting my H1B visa.I want to know how far it's true.I have an option to leave US after 3 months(by April 2011).So, In case if there are chances that my rejection of H1 increases because of my stay here in US on B1 for 6 months, I will plan to leave US this April.In case staying on B1 for 6 months and rejection of H1 are not related, I am planning to stay in US for 6 months untill July.

Please help me to take the correct decision for my H1 visa to be granted.

Thanks,

Ram

[indianbride 0]

You are not going to live in US beyond 6 months, as stamped in your passport. You will have a roblem when you transfer from B1 to H1, they can question you for mis-representation and why were u looking for job when you were in US on B1.

Best option for you is to return back in July when you B1/B2 expires and then when your employeer files for H1 and gets H1 you reneter on your new H1b later.

[sriram.usa 0]

Hi IndianBride,

I don't wish to stay in US beyond 6 months.

I am asking that If I stay on B1 for 6 months(My B1 visa was stamped for 6 months) continuously, Will that in anyway effect the chances of me getting my H1 that my employer is going to file this year?

In case staying on B1 for 6 months in anyway increase the chances of getting my H1 rejected, I will plan to leave US in 3 months and apply the H1.

All I am concerned is not to reduce the chances of getting my H1B because of the B1 stay.

Thanks,

Ram

[KT and Xyrena 4]

Since you are already in the US, you will not be issued an H1 visa. You will only apply for a change of status from B to H. You can review the forms, I think they indicate that when you have successfully submitted your application for a change in status (meaning you receive a notice of action from USCIS) BEFORE your B visa expires, you are ok to stay in the country and wait for the decision. However, if the decision comes out negative, from the time your B visa expires to that point, you are considered overstaying and will most likely affect your future visa applications. I know it doesn't sound right but it counts back to the required exit date. THe pro if you change status while in the US is your H status will be granted without considering the quota requirements vs if you were in your home country, there is a quota and drawing of H visa applications. It's a trade off. THe change of status may take a couple of months though because the government needs to prove that there is no local that meets the employment requirement.

Good luck!

[sriram.usa 0]

Xyrena,

I am not trying to convert a B1 visa to H1B or I am not applying for a H1 while I am in US on B1.

All I want to know is, If I stay here in US for 6 months on B1 and go away to my home country and then if I apply for H1, Are there any chances that the immigration people will decline my H1b visa as I stayed on B1 for 6 months(Though my I-94 is stamped for 6 months).

I just want to clear this as I heard that there are chances of H1B getting declined if one travels multiple times on B1 to USA or stay continoulsy for more than 3 months thouhg the I 79 is stamped for more than 3 months.,

Let me know if you need any further information.

Thanks

[Boiler 45,470]

The only problem I can see relates to what have you being doing on the B1.

[Harsh_77 718]

Xyrena,

I am not trying to convert a B1 visa to H1B or I am not applying for a H1 while I am in US on B1.

All I want to know is, If I stay here in US for 6 months on B1 and go away to my home country and then if I apply for H1, Are there any chances that the immigration people will decline my H1b visa as I stayed on B1 for 6 months(Though my I-94 is stamped for 6 months).

I just want to clear this as I heard that there are chances of H1B getting declined if one travels multiple times on B1 to USA or stay continoulsy for more than 3 months thouhg the I 79 is stamped for more than 3 months.,

Let me know if you need any further information.

Thanks

No Staying 6 months on your B1 would not have any impact on your H1 getting approved or rejected.

[Nhearn86 0]

Im doing what you plan to do...

B1 expires June 4th - H1B was accepted and booking embassy for the end of May to make sure I dont have a problem.

Planning to simply fly home, get a new visa and fly back - ill keep you posted.

FYI - I had a 3 month B1visa, then a week later a 6month B1 visa - still ok - just make sure you come back on/before your passport tells you too