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H1b Visa Issues? - Traveled on B1, then transferred visa to H1b, also got extension

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  • H1b Visa Issues? - Traveled on B1, then transferred visa to H1b, also got extension

    Hello All,

    I need few suggestion and advises regarding following situation to tackle, really appreciate your response.

    I am living in USA from past 20 months. I traveled to USA on B1 visa in November 2012, and was working on a critical assignment and I should attend few training and business requirement sessions during this travel. After couple of months my client was impressed with my participation, activities so they asked me to stay back till the current project is stabilized. Since, it was one of our critical project then my employer applied for amendment for my old H1b and it got approved.

    My scenario is kind of unique, let me explain what...
    1. I got my B1 visa in the year 2010
    2. Traveled to USA for the first time on my B1 visa in the December 2010, and was short trip, 45 days.
    3. Traveled again to USA in May 2012 on my B1 visa, and it was also trip and for 60 days. But the twist here is, this time my employer applied visa transfer from B1 to H1b for me, during my petition is pending state, because of family urgency I traveled back to India. And due to this reason my H1b petition went into abandoned state.
    4. Finally this time again I traveled to USA on my B1 visa in the month of November 2012. Again our client liked my abilities and strong knowledge on their project, so they asked me to stay back till the project is stabilized, I accepted that and my employer filed amendment to my old H1b petition(above #3) and this time I got the H1b approval and I-797 and was from Feb 2013 to Feb 2014. (And my wife and daughter is also with me now on H4 visa since then)
    5. My employer applied for our(Me-H1b, Wife/Daughter H4) visa extension and we got the extension(I-797) till Oct 2016.

    Thank you for taking time to read through....

    Finally my question:
    We are planning to go to India in September 2014 to attend my cousin's marriage and few other personal work to finish. I would like to go to USA consulate for stamping this time. So, are there any issues or what could be possibility to get the stamping? And what kind of queries consulate officer may ask?

    Really appreciate your suggestions or if any past experience.

    Thank You!
    Praveen

  • #2
    Originally posted by praveenkumar379 View Post
    Hello All,

    I need few suggestion and advises regarding following situation to tackle, really appreciate your response.

    I am living in USA from past 20 months. I traveled to USA on B1 visa in November 2012, and was working on a critical assignment and I should attend few training and business requirement sessions during this travel. After couple of months my client was impressed with my participation, activities so they asked me to stay back till the current project is stabilized. Since, it was one of our critical project then my employer applied for amendment for my old H1b and it got approved.

    My scenario is kind of unique, let me explain what...
    1. I got my B1 visa in the year 2010
    2. Traveled to USA for the first time on my B1 visa in the December 2010, and was short trip, 45 days.
    3. Traveled again to USA in May 2012 on my B1 visa, and it was also trip and for 60 days. But the twist here is, this time my employer applied visa transfer from B1 to H1b for me, during my petition is pending state, because of family urgency I traveled back to India. And due to this reason my H1b petition went into abandoned state.
    4. Finally this time again I traveled to USA on my B1 visa in the month of November 2012. Again our client liked my abilities and strong knowledge on their project, so they asked me to stay back till the project is stabilized, I accepted that and my employer filed amendment to my old H1b petition(above #3) and this time I got the H1b approval and I-797 and was from Feb 2013 to Feb 2014. (And my wife and daughter is also with me now on H4 visa since then)
    5. My employer applied for our(Me-H1b, Wife/Daughter H4) visa extension and we got the extension(I-797) till Oct 2016.

    Thank you for taking time to read through....

    Finally my question:
    We are planning to go to India in September 2014 to attend my cousin's marriage and few other personal work to finish. I would like to go to USA consulate for stamping this time. So, are there any issues or what could be possibility to get the stamping? And what kind of queries consulate officer may ask?

    Really appreciate your suggestions or if any past experience.

    Thank You!
    Praveen
    45 - 60 days B1 trips are no longer considered "short".

    Visa Officers do not generally have a lenient view when a B1/B2 shifts to another status while in US. As they view this is as though the initial intent itself was some other visa status, but one circumvented it by going on B1/B2 and then applying for a Change while in US. So be prepared for a possibility of some questions on that.

    As long as you have genuine concrete reasons for the moves and work for a reputed employer I dont see much concern and you should be able to answer those confidently.

    This is my opinion not legal advice.

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