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

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


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 specific advice. A complete consideration of all facts is not possible in this setting and is necessary in order to provide any legal advice. This communication does not create any attorney-client relationship.

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But the h1 sponsor advised me that i am cap-exempt now , since i have the h1 approval notice. So i do not fall into the 'quota' and can apply at any time? is this true? also various immigration attorneys advise that b2 to h1 transfers are possible so the company has actually been negligent or has cheated me. Either way, what recourse do i have? Having wasted a year of my time and having lost a year's salary, and having to tolerate their false advices, there must be some recourse in such situations. They must be held responsible for their negligence/fraud.


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I agree with my colleagues.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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