Can one file for H1 petition while in USA on Visitors visa. I have already been to USA previously on H1b visa from Nov 2009 to Jan 2010.
regards
Amin
Can one file for H1 petition while in USA on Visitors visa. I have already been to USA previously on H1b visa from Nov 2009 to Jan 2010.
regards
Amin
Do you mean enter US on B-1/2 and then file H-1 petition w/ COS?
It is doable but risky. USCIS can question your intent of using B-1/2 or misusing it.
Also, you are in the gray area for cap-exempt vs cap-subject as 6 year clock expired in Jan 2016.
Do you already have a company in mind to file H-1?
Thanks Saurabh,
As per your reply it would indeed be risky to misuse the B1/B2 visa.
By the way what is the meaning of gray area for cap exempt v/s cap subject?
Also can the same employer file for a fresh H 1 petition.
amin
You are cap-exempt for 6 years from last date of holding H-1 status. So in your case you are cap-exempt until Jan 2016 (6 years from Jan 2010). As that date has just passed, your employer can still argue for cap-exempt status but the decision can go either way. That’s what I meant by gray area.
I already have a person willing to hire me but he says I go there on visitor visa and then he files for H1 in due course. Is this possible and if yes do I have to come back for H1 stamping.
See my response to your question on other thread.
Hi Amin, mine is same case. What you did next?
Hi Saurabh, I am not able to see your response in other thread. Can you send me link?