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File for H1B before or during B1 visit to USA, any problem with that?

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  • File for H1B before or during B1 visit to USA, any problem with that?

    I have a previously-planned business trip to USA using my B1/B2 visa, my business trip date is very soon.
    I may also get soon an offer from a US employer and in that case the employer needs to file an H1B petition with remainder option as I already have an earlier H1B approved but not fully used as I left the US and my job there since two years. I have a PhD degree in STEM from a top US university.
    (Note that during my business trip, I will not be working, it is more like a training at an institution that has nothing to do with this employer and I have an invitation letter. )


    1) If I got the offer, are the following options possible and is one of them better?

    A- File H1B ASAP before my B1/B2 visit to USA:

    In this case, when I enter USA for my business trip on B1 visa, my H1B petition will be still under processing.
    2) Is that OK? Can I enter USA? Would that affect my H1B application? (On some forums, it seems that it may be considered fraud.)

    B- File H1B after my entry to US, during my stay there on B1/B2 visa:

    I would enter USA on my B1 visa and while I am there, my employer would start my H1B petition.
    3) Is this option possible? Does it have impact on my H1B application? (On some forums, it seems that it may be considered fraud.)


    4) My business trip is for 3 months. After H1B is approved, I plan to get back to my country to stamp the visa on my passport and get back immediately to work there. Is that OK?

    5) In both cases, if my H1B is not approved yet, can I leave USA at any time or am I bound to wait in US for approval?

  • #2
    Both are unrelated.
    This is my opinion and not legal advice.

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    • #3
      Thank you! I appreciate your help. So I do not need to worry and I can proceed with my upcoming trip. Thank you, I don't want to do anything wrong.

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