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Is it safe to apply B1/B2 visa while waiting for H1b transfer between employers?

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  • Is it safe to apply B1/B2 visa while waiting for H1b transfer between employers?

    I am in my 5 th year of H1b visa that ends July 31, 2013 the last day of my employment at fellowship program. I have accepted a job offer which will renew my H1b but I will have to wait to file H1b renewal at least until September as I cannot get on the payroll for the job until then. My lawyer suggested that we apply for B1/B2 ( from August until September end); and as I get my hospital credentialing we immediately file H1b so I can maintain H1b status by being on the payroll for hospital.

    My questions are:
    1.Can you apply for B1/B2 visa while you are already residing in the US on another visa ( such as H1b in my case).
    2. If I have a valid reason to stay in the US during that period such as taking a board exam, would that be sufficient documentation for B1/B2
    3. Has anyone done this before. What happens if B1/B2 gets rejected ? Does this activity have any adverse effect on green card application in long term?

    Thanks.

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