B1 Visa extension while waiting for H1

Should One Extend Business Visa while they are waiting for H1 approval?

From legal point of view there is no issue in extending your business(b1) or Tourist (b2) visa while you are awaiting you approval of your H1 petition.
However, There are a lot of doubts that you are putting in the minds of USCIS by applying for extension.
Here are the potential doubts:

  1. Since you are in US on b1 or b2 and want to extend b1/b2 visa, it means that you have been for the purpose of tourist or business been in USA for a period of SIX months. Neither tourism nor business gives such a long time away from home. Which means that you have been working on cash.
  2. Since while you were in USA you solicited for getting a job. Again not illegal, but that was not the reason you gave at point of entry. Which almost amounts to lying at POE and is not appreciated.
  3. In case your b1/b2 extension gets approved and you successfully change your status (which is also quite difficult without a lawyers assistance) you will eventually exit USA and will have to get your H1 Stamped. At that point the extension might come back to bite you.
  4. Imagine the state if your extension gets rejected, you will have to leave USA in matter of days. You will have to explain the extended stay during your H1 stamping interview. Basically, you will be yourself making your case sound like fraud.

So, please avoid filing your extension of B1B2 unless you have a very very strong reason to.

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