Need Suggestion on H1 and B1 visa

[amitsonu38]

Hello Folks,

I need a suggestion from you. I have H-1B visa which is approved till Nov 2015 but not stamped through my previous employer. Now I came back to India for good and joined a US company. Now that US company wants me to come to US for 4-6 weeks for internal training and Project discussion and to meet other team members. Now not sure should they just transfer my H-1B visa on their name and ask me to come to USA or should I ask them to apply for B1 visa instead as I'll not be there for more than 6 weeks and I'll go there in USA for twice a year max. I dont think I should be using H1B visa for that because I still will be on Indian payroll. Just to let you know I was USA for 7 years from 2006 to 2013. First I was on F1 visa and then H1B visa. Recently I decided to come back to india.

Please advice.

Thanks and Regards,
Amit

[Nattybone]

Hello, Amit.

I think you will need a B1 visa. For H1B, the payroll needs to be run in USA. You quite possibly will get a 10 year B1/B2 and you will be able to travel as and when required.

Personal opinion.

Hope this helps.

Wishing you luck.

Hello Folks,

I need a suggestion from you. I have H-1B visa which is approved till Nov 2015 but not stamped through my previous employer. Now I came back to India for good and joined a US company. Now that US company wants me to come to US for 4-6 weeks for internal training and Project discussion and to meet other team members. Now not sure should they just transfer my H-1B visa on their name and ask me to come to USA or should I ask them to apply for B1 visa instead as I'll not be there for more than 6 weeks and I'll go there in USA for twice a year max. I dont think I should be using H1B visa for that because I still will be on Indian payroll. Just to let you know I was USA for 7 years from 2006 to 2013. First I was on F1 visa and then H1B visa. Recently I decided to come back to india.

Please advice.

Thanks and Regards,
Amit

[amitsonu38]

Hello, Amit.

I think you will need a B1 visa. For H1B, the payroll needs to be run in USA. You quite possibly will get a 10 year B1/B2 and you will be able to travel as and when required.

Personal opinion.

Hope this helps.

Wishing you luck.

Thanks for your Reply Nattybone but I wanted to know, immigration offier who will take my interview for visa application may ask that why I am applying for new visa when I am already holding a valid H1B visa? Right?

[Nattybone]

Hello, Amit.

He will not. Because, the visas serve different purpose. H1B is for employment in USA. B1 is for temporary work related visit while employed in another country, not USA. I do not think you can travel on H1B for a training / meeting etc.

There is no conflict. B1 and H1B are not the same visas.

I hope this helps.

Cheers,

Thanks for your Reply Nattybone but I wanted to know, immigration offier who will take my interview for visa application may ask that why I am applying for new visa when I am already holding a valid H1B visa? Right?

[breakfastdrive]

Since you dont' work for the H1B sponsor, or get paid (or live) in the US, your H1B is out of status. B1 should be no issue.