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B1/B2 and H1B VISA

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  • B1/B2 and H1B VISA

    I have the following 2 Visas

    1. I have a "B1/B2" (valid till 2015)..i applied for a tourist visa in 2011 to Visit a relative, the Visa stamped on my passport says "B1/B2".

    2. and now i have a H1B (valid till 2015) processed by my current employer.


    I travelled to US on the B1/B2 in 2011 and came back to India in 40 days.


    Please advise on the following

    1. Is it possible to travel with B1/B2 visa now(with H1 also stamped) to visit relatives in US? Will the following documents be enough to enter the US
    (i) Proof of employment in India
    (ii) Family details in India(my child)


    2. If I travel with the B1/B2, can I transfer my H1B within the US, if any US employer would like to transfer it? is this legal ?



    Regards
    Avijay

  • #2
    Originally posted by M_Avijay View Post
    I have the following 2 Visas

    1. I have a "B1/B2" (valid till 2015)..i applied for a tourist visa in 2011 to Visit a relative, the Visa stamped on my passport says "B1/B2".

    2. and now i have a H1B (valid till 2015) processed by my current employer.


    I travelled to US on the B1/B2 in 2011 and came back to India in 40 days.


    Please advise on the following

    1. Is it possible to travel with B1/B2 visa now(with H1 also stamped) to visit relatives in US? Will the following documents be enough to enter the US
    (i) Proof of employment in India
    (ii) Family details in India(my child)


    2. If I travel with the B1/B2, can I transfer my H1B within the US, if any US employer would like to transfer it? is this legal ?



    Regards
    Avijay
    1. Yes it is possible.
    2. Yes it is legally possible but can be tricky. USCIS doesn't usually approve a COS from B1/B2 to H1 unless a strong business reason si provided for doing so.

    This is my opinion not legal advice.

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