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B1 visa travel with I-140 Pending

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  • B1 visa travel with I-140 Pending

    Hello Friends,

    Hope you are doing well. I need some guidance around dealing with my current visa situation.

    I am currently in Canada on a work permit with my I-140 pending (filed under PP, currently awaiting decision. H1B 6 years exhausted). I recently travelled to my client location in the US for a period of 3.5 weeks on B1 visa. I wanted to get some guidance around when is it safe to travel back again to US on B1 visa for short period (2 weeks or so) without jeapordizing my GC process (since I would be close to filing H1B extension if I-140 is approved). Is there any cool-off period between two B1 visa visits? Would highly appreciate your opinions on my case.

  • #2
    Originally posted by AJ16 View Post
    Hello Friends,

    Hope you are doing well. I need some guidance around dealing with my current visa situation.

    I am currently in Canada on a work permit with my I-140 pending (filed under PP, currently awaiting decision. H1B 6 years exhausted). I recently travelled to my client location in the US for a period of 3.5 weeks on B1 visa. I wanted to get some guidance around when is it safe to travel back again to US on B1 visa for short period (2 weeks or so) without jeapordizing my GC process (since I would be close to filing H1B extension if I-140 is approved). Is there any cool-off period between two B1 visa visits? Would highly appreciate your opinions on my case.
    For B1 visa, there is no cool-off period required.
    - Not a legal advice, just MY opinion

    Comment


    • #3
      Originally posted by Libra_14 View Post
      For B1 visa, there is no cool-off period required.
      Thanks. Do you think it would be risky for me to travel on B1 visa while my I-140 approval / H-1B extension process are in progress? As far as business visit is concerned (non-immigrant intent), I can produce all the required documentation from client citing the need to visit for business meetings.

      Comment


      • #4
        Originally posted by AJ16 View Post
        Thanks. Do you think it would be risky for me to travel on B1 visa while my I-140 approval / H-1B extension process are in progress? As far as business visit is concerned (non-immigrant intent), I can produce all the required documentation from client citing the need to visit for business meetings.
        You'll certainly be questioned at the POE, provided you can show all proof for your non-immigrant intent you can go through easily.

        I got secondary interview & "NO COS/EOS/AOS" marked on my passport few years back, when my H1 was in process & I was travelling on B1.
        - Not a legal advice, just MY opinion

        Comment


        • #5
          Originally posted by Libra_14 View Post
          You'll certainly be questioned at the POE, provided you can show all proof for your non-immigrant intent you can go through easily.

          I got secondary interview & "NO COS/EOS/AOS" marked on my passport few years back, when my H1 was in process & I was travelling on B1.
          Oh...and did the "NO COS/EOS/AOS" mark impact your H1-B in anyway or your future visits to US ? Thanks for all the info about it. Appreciate it. I had no idea about this.

          Comment


          • #6
            No, that mark will be for the current visit only - so that you cannot change your status from B1 to H1 while staying in USA.

            It just mean that you need to go out of USA after B1 completio, get your H1 visa stamped & use the new visa for re-entry.

            I was also admitted that time on B1 for 1 month & was asked to go back, get the new visa & come again. Right now I am back in USA.
            - Not a legal advice, just MY opinion

            Comment


            • #7
              Originally posted by Libra_14 View Post
              No, that mark will be for the current visit only - so that you cannot change your status from B1 to H1 while staying in USA.

              It just mean that you need to go out of USA after B1 completio, get your H1 visa stamped & use the new visa for re-entry.

              I was also admitted that time on B1 for 1 month & was asked to go back, get the new visa & come again. Right now I am back in USA.
              Gotcha. I think end of all, it depends on the immigration officer at POE. As long as I have docs to support, I believe there shouldn't be any issues.
              Thanks again for your suggestions.

              Comment


              • #8
                Originally posted by AJ16 View Post
                Gotcha. I think end of all, it depends on the immigration officer at POE. As long as I have docs to support, I believe there shouldn't be any issues.
                Thanks again for your suggestions.
                That's right, best of luck !!
                - Not a legal advice, just MY opinion

                Comment

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