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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:


      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.

      If my opinion helping you, then please do click "like" button below.

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