H1B visa for work questions

[sk123 0]

Hello,

I have few questions.

If I am on a temporary (visitor) visa do I have to go back to my country to give interview for H1B visa or I can do a status transfer without leaving the country if I get H1B sponsorship through a company?

If I get H1B refusal will my visitor visa status be untouched or will I lose my visitor visa?

Thanks

[Delta5 9]

It is usually frown upon by the USCIS an applicant of a non immigrant visa like a B1/B2 doing an AOS (good chance of denial) to another non immigrant status, especially a work employment one. However, it is allowed to AOS from a B1/B2 to a H1b, especially if the applicants credentials and experiences on its specialize field of work are ample and are much in demand at the present time.

There's a very good chance that you will be ask to leave the country immediately, since you have violated your B1/B2 visa due to your intent of immigration by your action of trying to adjust status to a work employment which result in a denial. I would leave as soon as possible if you are denied of your AOS, because it might also impact your future application on another non immigrant application in the future, beside violating the visitor visa rule.

Its probably less hassle and a more proper way if you find an employer/sponsor to do a consular processing. Your chances of getting an H1b is much greater and will have a visa stamping on your passport of which you will not have if you will do the AOS process.