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If I already have a B1 visa, Do I need to reapply for a "B1 in Lieu of H1B" visa

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  • If I already have a B1 visa, Do I need to reapply for a "B1 in Lieu of H1B" visa

    Hi,
    I want to apply for "B1 in Lieu of H1B" so I can work at my parent company in US (I am currently employed at foreign subsidiary). I understand that this visa lets the holder conduct business work and has the same validity as B1 - 6 months at a stretch which resets till the validity of visa.

    I already have B/1B2 visa, I'm not sure if I need to apply for this? Is this different from B1? meaning I need to re-apply?

  • #2
    Hi Shreya,

    I've been doing some research into this as am seeking to emigrate to the states eventually on an EB-3 green card but need to head over there to start the job as soon as I have one (on a B1 in lieu of an H1B as the H1B quota is finished for this year - 2019), as the EB-3 (even for those whose country of origin is current) can take a few months to a year or slightly more even. No employer is going to wait months to have me join the job, so need to find a way of getting to the states to start work while the EB-3 is in progress.

    Anyways, I digress...

    My understanding is that, on a regular B1 one cannot work in the states, and on a B1 in lieu of an H1B visa, one can legally work in the states while not being paid in the states (except something for temporary housing, expenses etc I believe).. you must be paid by your mother firm back in the country where you are based.

    Hope that helps!

    CBG

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    • #3
      Originally posted by Shreya Bisht View Post
      Hi,
      I want to apply for "B1 in Lieu of H1B" so I can work at my parent company in US (I am currently employed at foreign subsidiary). I understand that this visa lets the holder conduct business work and has the same validity as B1 - 6 months at a stretch which resets till the validity of visa.

      I already have B/1B2 visa, I'm not sure if I need to apply for this? Is this different from B1? meaning I need to re-apply?
      From this post, I understand these 2 are totally different visas:
      https://www.immihelp.com/forum/usa-b...ion-is-pending

      Probably someone with experience on this would come over to help you. Best of luck !!
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

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