Interesting situation

[ceaser]

Hi there ...

How you been all ....

This is Steve. And today am posting an interesting topic on VISA validity.

This is about a close friend of mine. She has B1/B2 Visa with M entries, stamped in the year 2006 for a validity of 10 years through COMPANY A.

And there after she has been sponsored H1B through COMPANY B for the term 2008 - 2011 and there after 2011 - Sept 2014 i.e. expired already. The point is She was out of the US on May 2012 due to some personal reasons. So the queries are:

1. What happens to the status of B1/B2 if H1B is stamped ?

2. If you can notice the second term H1B for her was only for 6 months and she was out of US after that. So, Is second term H1B is still possible for her for the rest of the months i.e close to 27 months ?

3. If yes for the second question, so a mere H1B Transfer will do for her re-entry ?

4. If no for the second question, what are the options she have to re-enter US?

Kindly show the way fellas. It will be very much appreciated.

Cheers...

Steve

[raghvi]

Hi there ...

How you been all ....

This is Steve. And today am posting an interesting topic on VISA validity.

This is about a close friend of mine. She has B1/B2 Visa with M entries, stamped in the year 2006 for a validity of 10 years through COMPANY A.

And there after she has been sponsored H1B through COMPANY B for the term 2008 - 2011 and there after 2011 - Sept 2014 i.e. expired already. The point is She was out of the US on May 2012 due to some personal reasons. So the queries are:

1. What happens to the status of B1/B2 if H1B is stamped ?

2. If you can notice the second term H1B for her was only for 6 months and she was out of US after that. So, Is second term H1B is still possible for her for the rest of the months i.e close to 27 months ?

3. If yes for the second question, so a mere H1B Transfer will do for her re-entry ?

4. If no for the second question, what are the options she have to re-enter US?

Kindly show the way fellas. It will be very much appreciated.

Cheers...

Steve

1. Status is only when she is in US. As long as B1/B2 is valid in passport, she can use it for genuine B1/B2 purposes.
2. Yes, her employer can file for cap exempt H1 petition to reclaim the 27 Months, and if approved she can go for fresh H1 stamping.
3. There is nothing called a "transfer" as such. Using the old approved petition copy the new employer can file a cap exempt petition which , when approved, USCIS will issue a new I797, she can book her visa appointment using the new I797 and once visa is stamped then she can enter US on H1. If she enters US on H1 she must work and get paid by her employer.
4. Is entering US the only purpose? For how long would she want to stay? Where is her family?

If it is for a short duration and she cannot find an employer she can try to enter for a short duration using B1/B2 visa but she would need a valid reason for business/tourism.

This is my opinion not legal advice.