Are b2 to h1 transfers possible in the US? Have i been cheated by my h1b sponsor ? what action can i take on this?

Asked almost 2 years ago - San Jose, CA

I was in the US on a b2 visa from feb - aug 2011. During this time i was contacted by an h1b consulting firm and they offered me h1b sponsorship. Some US immigration attorneys advised me that i need not leave the US and a change of status from b2 to h1 can be done while i am there itself. However, the h1b sponsor convinced me that i would have to return to india to file my h1b visa application. They applied for my h1b when i was in India and got the approval notice. When i went for the visa interview , the embassy issued a RFE. The employer advised that there is no timeline to approval of RFE response, and it would be a major of waste of my time to wait for this to materialise. They advised i shd transfer to new employer. This was in Dec 2011. Have i been cheated? Stuck in India. any help?

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . I agree with my colleagues.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Hendrik Tjaart J Pretorius

    Contributor Level 12


    Lawyers agree

    Answered . It is not possible to say whether of not you have been cheated based on the facts provided. In terms of your current situation, you will able to apply for a new H-1B visa on April 1, 2013 when the next H-1B visa quota cycle begins. As you know, to file a valid case you will need a valid professional level job offer from a U.S. company and will have to satisfy various other H-1B requirements.

    Legal disclaimer: The above statement is only intended to be general in nature and in no is to be taken as... more
  3. Deborah Lynne Karapetian

    Contributor Level 18


    Lawyer agrees

    Answered . Repeat question

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