Is B1/B2 possible when H1B processing is going on?

[mougli]

Hi,

I have applied for a H1b and currently the petition is under adminstrative processing. Now my current employer wants me to visit for a training is US in the month of April. So Can I apply for a B1/B2 visa now? Will I face any issues when I go for stamping? I don't want my current employer to knwo that my H1B processing is going on.

Please help.

Thanks,
Mougli

[veena_swsh]

No issues, one process is independant of the other.

[usvisaseeker]

veena in this case will his h1b is valid?, even after processing b1. and i have one more question in this. for my case my employer is delaying to send the document for H1b, So can i change my employer to another employer?(i am not even attend for visa i/v)

[usvisaseeker]

veen pls can u answer this

veena in this case will his h1b is valid?, even after processing b1. and i have one more question in this. for my case my employer is delaying to send the document for H1b, So can i change my employer to another employer?(i am not even attend for visa i/v)

, pls rply to this

[veena_swsh]

Hi,
If you go for your H1 stamping first and be successful, then B1 will never go through as you are expected to have a "non-immigrant" intent for getting B1 visa. If the B1 is issued first and then the H1, then the B1 will get cancelled without prejudice if the H1B visa is stamped. I hope you understand that getting a H1B filed and processed for you in the US is quite independant of your B1, in the sense that you can still get a B1 visa stamped when the H1B petition is pending.

[ravi368]

Hi,
If you go for your H1 stamping first and be successful, then B1 will never go through as you are expected to have a "non-immigrant" intent for getting B1 visa. If the B1 is issued first and then the H1, then the B1 will get cancelled without prejudice if the H1B visa is stamped. I hope you understand that getting a H1B filed and processed for you in the US is quite independant of your B1, in the sense that you can still get a B1 visa stamped when the H1B petition is pending.

In such cases what should be written while filing B1 forms at your present employer. There will be a clause asking whether the candidate has applied anytime before seeking US visa, has it been issued/denied ?
I think we cannot fill these sections coz the present employer will then know that i have applied for visa through a different company

[heyvenk]

Legally possible

Possible since you have not been denied visa officially,
you need not fill up the form...But if you have been refused then..
you have to mention it.

This is cost one pays for not respecting the company which employs.

------Not a legal advise------