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Is B1 & L1 still valid if i do not stamp H1?

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  • Is B1 & L1 still valid if i do not stamp H1?

    Dear Experts,

    Need your help on below.

    I have got B1 from my current employer valid till July 2018
    I also have L1 from my current employer, valid till october 2017

    In April 2016 , another company filled H1 for me and it got approved in December 2016.

    I come back to my home country in May 2016 , I haven't stamped H1 yet and still working for my previous employer. I want to know can i travel to USA for business trip on B1 ?

    is it possible to check validity of my current visa's from US consulate or any other office?

    Appreciate your reply, it would be a very big help if any exprt could confirm on it.


    Thanks

  • #2
    Originally posted by Grace2016 View Post
    Dear Experts,

    Need your help on below.

    I have got B1 from my current employer valid till July 2018
    I also have L1 from my current employer, valid till october 2017

    In April 2016 , another company filled H1 for me and it got approved in December 2016.

    I come back to my home country in May 2016 , I haven't stamped H1 yet and still working for my previous employer. I want to know can i travel to USA for business trip on B1 ?

    is it possible to check validity of my current visa's from US consulate or any other office?

    Appreciate your reply, it would be a very big help if any exprt could confirm on it.


    Thanks
    Why would you want to do that?

    All visas once issued, are generally valid, unless explicitly cancelled by an US immigration authorized person. With that said, yes, you can use the B1 to travel as long as you have the right documentation (invite letter etc). Also, merely having L1 in passport doesnt allow you to use it, you will still need to show related I797 at port of entry and possibly other supporting documents related to L1 employer.

    A visa in itself merely allows you to book tickets and reach the US port of entry, after that the officer at the POE determines your entry, based upon questions and possible request of additional proof.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Why would you want to do that?

      All visas once issued, are generally valid, unless explicitly cancelled by an US immigration authorized person. With that said, yes, you can use the B1 to travel as long as you have the right documentation (invite letter etc). Also, merely having L1 in passport doesnt allow you to use it, you will still need to show related I797 at port of entry and possibly other supporting documents related to L1 employer.

      A visa in itself merely allows you to book tickets and reach the US port of entry, after that the officer at the POE determines your entry, based upon questions and possible request of additional proof.

      This is my opinion not legal advice.
      raghvi ,

      Thanks for reply. Let me explain it in again. I was at USA between September 2014 to June 2016 , in 2016 one consultant contacted me and file H1B for me , in April i got information that my application got picked in lottery. In June 2016 i am back to my home country till that time H1B approval was not done. Then in December 2016 petition got approved. I am working for my present employer since long time and would not want to join the consulting company who file my H1B. So i havent stamped H1b till now. on the petition i can read statement saying " my change of status application got approved " i am not sure if it mean my L1 is converted in H1 , but as i was out of USA it should happen automatically. To have H1 effective , i need to do stamping ,correct ?

      As i mention , i have valid B1 & L1 by my present employer , and i need to visit USA to attend business meetings in next month. So for same i just want to confirm i will not face any issue because of approved H1b petition. I will be traveling on B1 with all necessary document (invitation letter, employment records , etc ) by my present employer. Please share thoughts if i would be ask question on my approved petition like why haven't i stamped H1b ?

      Have so much confusion that why thought to check if there is any office or website by US government which could validate the visa.

      Appreciate if you and other experts could share their views.

      Thanks
      Grace

      Comment


      • #4
        Originally posted by Grace2016 View Post
        raghvi ,

        Thanks for reply. Let me explain it in again. I was at USA between September 2014 to June 2016 , in 2016 one consultant contacted me and file H1B for me , in April i got information that my application got picked in lottery. In June 2016 i am back to my home country till that time H1B approval was not done. Then in December 2016 petition got approved. I am working for my present employer since long time and would not want to join the consulting company who file my H1B. So i havent stamped H1b till now. on the petition i can read statement saying " my change of status application got approved " i am not sure if it mean my L1 is converted in H1 , but as i was out of USA it should happen automatically. To have H1 effective , i need to do stamping ,correct ?

        As i mention , i have valid B1 & L1 by my present employer , and i need to visit USA to attend business meetings in next month. So for same i just want to confirm i will not face any issue because of approved H1b petition. I will be traveling on B1 with all necessary document (invitation letter, employment records , etc ) by my present employer. Please share thoughts if i would be ask question on my approved petition like why haven't i stamped H1b ?

        Have so much confusion that why thought to check if there is any office or website by US government which could validate the visa.

        Appreciate if you and other experts could share their views.

        Thanks
        Grace
        It always helps to understand the entire story.

        You would be fine. As you were outside US during your H1 approval, you would not have got a change of status approved. Yes, in order to get H1, you need to go for stamping.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          It always helps to understand the entire story.

          You would be fine. As you were outside US during your H1 approval, you would not have got a change of status approved. Yes, in order to get H1, you need to go for stamping.

          This is my opinion not legal advice.
          Thanks Raghvi,

          Just one more question , the statement on petition says " your change of status is approved " so i thought i will make my existing visa's invalid. Now my understanding is petition for change of status is approved but as i was out side USA , this approval will not change any thing on my existing visa, if i want to use H1 i first need to get it stamped at US consulate.

          Appreciate your help.

          Thanks
          Grace

          Comment


          • #6
            Even if your COS was approved, somehow, that does not invalidate other existing visas. When you leave the US, whatever your status was at that time is terminated, and subsequent entries stand on their own. For e.g., if you were on H1, leave the US and choose to enter the next time using a B1, your status would be B1, even if your H1 visa and petition are still valid.
            Just an opinion; Not legal advice.

            Comment


            • #7
              Originally posted by scientist2016 View Post
              Even if your COS was approved, somehow, that does not invalidate other existing visas. When you leave the US, whatever your status was at that time is terminated, and subsequent entries stand on their own. For e.g., if you were on H1, leave the US and choose to enter the next time using a B1, your status would be B1, even if your H1 visa and petition are still valid.
              Thanks You !!

              - - - Updated - - -

              Originally posted by raghvi View Post
              Why would you want to do that?

              All visas once issued, are generally valid, unless explicitly cancelled by an US immigration authorized person. With that said, yes, you can use the B1 to travel as long as you have the right documentation (invite letter etc). Also, merely having L1 in passport doesnt allow you to use it, you will still need to show related I797 at port of entry and possibly other supporting documents related to L1 employer.

              A visa in itself merely allows you to book tickets and reach the US port of entry, after that the officer at the POE determines your entry, based upon questions and possible request of additional proof.

              This is my opinion not legal advice.
              Thank You !1

              Comment

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