H1 expire / B1 B2

[viki_sss]

Hi

I was working in US under H1. In 2012 I returned to India for visa stamping but due to some problem the stamping got delayed.
But later it was cleared and I got the visa but I did not return to US.

Now I am planning to visit USA on B1 / B2 but I still have a valid H1 visa which expires in Sep 2014. I still work with my previous employer from USA on retainership basis.

Should I wait for my H1 to expire and then apply or I can apply right now? Will it be easier for me to prove that I wont be staying back in the US when I still have my visa valid or should I wait for it to expire.

Regards

[raghvi]

Hi

I was working in US under H1. In 2012 I returned to India for visa stamping but due to some problem the stamping got delayed.
But later it was cleared and I got the visa but I did not return to US.

Now I am planning to visit USA on B1 / B2 but I still have a valid H1 visa which expires in Sep 2014. I still work with my previous employer from USA on retainership basis.

Should I wait for my H1 to expire and then apply or I can apply right now? Will it be easier for me to prove that I wont be staying back in the US when I still have my visa valid or should I wait for it to expire.

Regards

Technically it shouldnt matter. I dont see any issues in going for B1/B2 stamping. Yes, there are chances that your H1 might be marked CWOP (Cancelled Without Prejudice).

This is my opinion not legal advice.

[Nattybone]

Hello, Viki.

They might possibly ask you if you intend to search for opportunities for H1B while in the USA. A confident No to this question is what my one friend did. And my friend was granted B1/B2 (with the old H1B on the passport cancelled by the Visa Officer).

Hope this helps.

Wishing you luck.

Hi

I was working in US under H1. In 2012 I returned to India for visa stamping but due to some problem the stamping got delayed.
But later it was cleared and I got the visa but I did not return to US.

Now I am planning to visit USA on B1 / B2 but I still have a valid H1 visa which expires in Sep 2014. I still work with my previous employer from USA on retainership basis.

Should I wait for my H1 to expire and then apply or I can apply right now? Will it be easier for me to prove that I wont be staying back in the US when I still have my visa valid or should I wait for it to expire.

Regards