Question: Travel in the US while H1B application is pending

[Matt013]

Hi,

Here is my current situation,
I am French citizen,

I will apply for a H1B visa for a US based company next month.
This company will employ me from April 2015 in Europe while waiting for me to get a visa.

- Can I get a B1 visa and travel to the US to visit that company ~10 days every 6 weeks or so while H1B application is pending?
- If I don't make it through H1B quota, would those travels delay a L1 visa? (That I would get ideally in April 2016)

Thank you,

Matt.

[raghvi]

Hi,

Here is my current situation,
I am French citizen,

I will apply for a H1B visa for a US based company next month.
This company will employ me from April 2015 in Europe while waiting for me to get a visa.

- Can I get a B1 visa and travel to the US to visit that company ~10 days every 6 weeks or so while H1B application is pending?
- If I don't make it through H1B quota, would those travels delay a L1 visa? (That I would get ideally in April 2016)

Thank you,

Matt.

-What is the purpose for those 10 Days every 6 weeks? If it is genuine B1 related then I do not see any issue.
-If at all you plan to do L1 I would suggest you refrain from those short bursts of travel on B1. How long have you been working for this Company?

This is my opinion not legal advice.

[Matt013]

Hi Raghvi,

Thanks a lot for your answer,

-What is the purpose for those 10 Days every 6 weeks? If it is genuine B1 related then I do not see any issue.

Goal is to sync-up with other team members / managers on different projects, plan what is going next and doing transfer knowledge.
It seems B1 related to me.

-If at all you plan to do L1 I would suggest you refrain from those short bursts of travel on B1.

L1 would be only if I don't make it through H1B lottery. Why would I need to refrain those travel in case of L1?
Because it is pushing back the starting date or is there something else?

How long have you been working for this Company?

I have never been "working" for them. I did an internship in that company last year and they will hire me in Europe in April while waiting for me to be allowed to work in the US.

Thank you,
Matt

[raghvi]

Hi Raghvi,

Thanks a lot for your answer,



Goal is to sync-up with other team members / managers on different projects, plan what is going next and doing transfer knowledge.
It seems B1 related to me.



L1 would be only if I don't make it through H1B lottery. Why would I need to refrain those travel in case of L1?
Because it is pushing back the starting date or is there something else?


I have never been "working" for them. I did an internship in that company last year and they will hire me in Europe in April while waiting for me to be allowed to work in the US.

Thank you,
Matt

Sync up, plan, KT all can be done over video conference calls, I dont think these alone justify a travel every 6 weeks. A few trips back and forth is fine but anything more than 3 I would be cautious. Read this thread, http://www.immihelp.com/forum/showth...iple-B1-Visits, the member already got a warning for doing this frequently.

For L1 it is advisable that you work continuously for at least 365 days at the non US entity's office. Very frequent B1 visas would be questionable while calculating the 365 days.

This is my opinion not legal advice.