Travelling on B1 when H1 is in process

[shwethab]

Hi,

i work for a reputed MNC in India. I had applied for H1 thru one of the companies in US and i have got a 221G White slip and i had submitted the addl docs asked by the consulate a month back and i am waiting for the reply from them. I have a valid B1 Visa from my earlier company. my H1 processing company wants me to come there for some product discussions on B1 as it is still valid.

my Question here is- Is it OK to travel to US at this point of time on B1? that too thru the H1 Company and not from the company i m working here. if i had to go thru that company, do i need to resign from the company i am working with now?

Pls suggest

[peace999]

B1/B2 visa is not employer specific unless annotated to that effect.

If there is no annotation restricting your visit only to your last employer,
you can visit freely. Your current H1 process has no connection with your B1 visit.

[shwethab]

Hi,

Thanks for your reply
one more question- i hav not resigned in the current company. i am waiting for my H1 Visa to withdraw from my current company here.Can i go on B1 thru my H1 employer still? or do i need to resign here and go from that company..

[peace999]

Like I said, if there is no restrictive note on your visa , you can go on your B1 for the new employer, without quitting the first one .
At port of entry, they do not ask for any employer specific details at first , Only purpose and duration.

If there are problems, they can take you to secondary inspection and ask every detail.

[shwethab]

Ok..thanks..
so, do i need to get any letter from them mentioning my purpose of visit? i have got a client letter when i have been for first time. they have not asked for it though. But my hr suggested to carry the client letter, letter from my US branch ofce and the details of accommodation and all.
at port of entry they asked the details of the purpose and the company i am going for and the duration m going to stay and who has arranged for accommodation..they dint ask for those docs..i answered and they gave the I94..is it going to be the same this time also or no letters are necessary?

[peace999]

You must carry the letter and proof of place of stay.
THey usually do not look at them, but they can always !!!!

[shwethab]

Thank you so much..

[anaghav]

You must carry the letter and proof of place of stay.
THey usually do not look at them, but they can always do.

Hi Peace999,
even i am in the same situation. From this post i got to know that i can travel on B1.mine is little different from this. i need to travel for req gathering and my employer is telling that once i am there on B1, the process of H1 is different. Since my petition is already approved, he will initiate the visa process from US itself and the chances of stamping are more, as i wil be in US by then. is this true? can i go ahead and ask them to send the relavant docs for B1?

[peace999]

Anaghav,

If your petition is approved , you can change status from B1 to H1 while inside US.
The change of status is only on your I-94 card ; you still won't have an H-1 visa. That will be fine as long as you are in US. But if you travel outside US,
to reenter US on an H-1, you will still have to apply for an H-1 visa.

On the other hand, you could apply for an H-1 in India, instead of going on a B-1. The only disadvantage here is you could get stuck with 221g
admin. processing.

You have to decide which is better for you.

[anaghav]

ya..i am currently in India and had applied for H1 from here only. But got a 221G..its still shows administrative processing for the last one and half month. Since the project has started, they r asking me to come on B1 and they say that it can be changed to H1 there.
so, if the status of I94 changes, since h1 is valid for 3 years , my I94 will be extended till then? i can not come to India, in between that? or if i come to India, i need to again go for stamping?

[peace999]

When you leave US after a status change from b1 to H1, you will have to get an H1 visa stamping on your passport to reenter US.

Also, I am not sure if you can get a status change when your consular processing is already on.
confirm that before making a decision.

[shwethab]

B1/B2 visa is not employer specific unless annotated to that effect.

If there is no annotation restricting your visit only to your last employer,
you can visit freely. Your current H1 process has no connection with your B1 visit.

Hi,

there is nothing mentioned under annotation..two ** are there. which means there is no condition ryt?