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Switching Job and travel on B1/B2 while waiting for H1B Lottery results

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  • Switching Job and travel on B1/B2 while waiting for H1B Lottery results

    Good afternoon and best wishes to all who help in this forum

    Here is my situation:

    1. I currently work for Company AAA in my home country.

    2. I was interviewed by*Company BBB last February 2017, signed a contract with them, and they have sponsored my H1B visa 2018 application. I believe the H1B lottery has taken place last April 11, 2017*but results are yet to start coming out (being on the regular pool I expect that news if I got selected come until mid-June? And if selected it takes another 2 months to know if my case is approved - so wait until August?)

    3. Now in my home a local Company CCC *has a great job offer for me. And for the purpose of sharpening my skills I want to temporarily join this Company CCC.

    My plan is: If my H1B is not selected and approved then I will stay for good at Company CCC. If otherwise, of course I go with H1B with Company BBB and**will resign at Company CCC.

    4. I have B1/B2 multiple entry Visa. Now if I join*Company CCC, it is very*possible that they will ask me to go to the US for 3 months*on B1 (Business) Visa. Possible timeline will be early June to late August.

    I might be asked by Company CCC to travel to the US from June- August on B1/B2 Visa. Given this, below are my questions:

    1. If Company CCC will ask me to travel to the US on B1/B2 Visa, assuming I got selected in the lottery.*Will it affect my H1B application?

    2. Given it is already April 29, 2017, and I am still awaiting for H1B lottery results.*If I join Company CCC,*will it have any effect on my H1B in case I get selected? Will the interviewer at the US consular office ask why I had a short stay at Company CCC?

    3. If my H1B case is selected and approved, can I only take the H1B Visa interview in my home country? May I also request to take it while in the US assignment for CCC*(assuming I am already being required by Company BBB)?

    Thank you in advance.

  • #2
    Originally posted by juniebonifacio View Post
    Good afternoon and best wishes to all who help in this forum

    Here is my situation:

    1. I currently work for Company AAA in my home country.

    2. I was interviewed by*Company BBB last February 2017, signed a contract with them, and they have sponsored my H1B visa 2018 application. I believe the H1B lottery has taken place last April 11, 2017*but results are yet to start coming out (being on the regular pool I expect that news if I got selected come until mid-June? And if selected it takes another 2 months to know if my case is approved - so wait until August?)

    3. Now in my home a local Company CCC *has a great job offer for me. And for the purpose of sharpening my skills I want to temporarily join this Company CCC.

    My plan is: If my H1B is not selected and approved then I will stay for good at Company CCC. If otherwise, of course I go with H1B with Company BBB and**will resign at Company CCC.

    4. I have B1/B2 multiple entry Visa. Now if I join*Company CCC, it is very*possible that they will ask me to go to the US for 3 months*on B1 (Business) Visa. Possible timeline will be early June to late August.

    I might be asked by Company CCC to travel to the US from June- August on B1/B2 Visa. Given this, below are my questions:

    1. If Company CCC will ask me to travel to the US on B1/B2 Visa, assuming I got selected in the lottery.*Will it affect my H1B application?
    No.

    2. Given it is already April 29, 2017, and I am still awaiting for H1B lottery results.*If I join Company CCC,*will it have any effect on my H1B in case I get selected? Will the interviewer at the US consular office ask why I had a short stay at Company CCC?
    No. H1B is for future employment, so your past history is of no relevance. However, the officer may ask that question for informational purposes, in which case answer it truthfully, that you wanted to join CCC since it was great opportunity, but now moving to H1 since you think it is an even better opportunity.

    3. If my H1B case is selected and approved, can I only take the H1B Visa interview in my home country? May I also request to take it while in the US assignment for CCC*(assuming I am already being required by Company BBB)?

    Thank you in advance.
    No. Visa stamping is a consular affair. So it can be done only at a consulate viz., outside the US. However, you can chose to apply for a Change of Status (COS) from B1/B2 to H1B, which is done from within the US. The downside of that approach is that you will have to go for visa stamping the next time you travel outside the US.
    Just an opinion; Not legal advice.

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