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I have filed COS from L1B to H1B.

Hoffman Estates, IL |

I am currently holding L1B with company A and I have filed a H1B petition this year with company B.
Now as my company A is sending me back in july end,So,I am resigning and planning to apply B1/B2 VISA to cover Aug-Sept .
My Question : Can I switch back to H1B in october from B1/B2 (if it gets approved) or is there anything else that my H1B employer has to do for my H1B status to kick in.

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Attorney answers 3

Posted

Can I switch back to H1B in october from B1/B2 (if it gets approved) or

No. You should go home and obtain an H-1B visa stamp in order to return to the US no earlier than September 20.

is there anything else that my H1B employer has to do for my H1B status to kick in.

They would need to file a brand new I-129 to change your status and you would not be able to work until it is granted.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Posted

I do NOT recommend this B-1 idea.

Go home ... get a visa stamp.

Say hello to your family.

Confirm my opining with Company B's immigration lawyer ... do NOT talk to non-attorneys in HR.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Posted

It is improper to do that. It smells visa fraud. Go back to your country and come back after you had your visa interview and got you H1B visa foil issued into your passport. You will be able to reenter on H1B 10 days prior to employment start date on October 1. Also, you cannot file for H1B. Only employer can. If you did, it also smells bad because it would have never been approved had they known you were self employed.

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Asker

Posted

I have not applied my H1B on my own but with an employer...

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