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Getting a B1/B2 Visa after abandoning/withdrawing H1B Extension Petition

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  • Getting a B1/B2 Visa after abandoning/withdrawing H1B Extension Petition

    Hello,

    I'm currently on H1B in the US for ~5 years. My employer filed for an extension (in premium mode) to recapture the days I spent outside the country so far. USCIS sent an RFE in mid-November and the response is due in mid-February. My employer is yet to respond to the RFE and my I-94 expired in mid-December. In the meanwhile, I got my Canadian PR approved.

    I have resigned from my current job early this week to move to Canada. I will be leaving the US as soon as the recommended notice period gets over. Planning to travel to India for a month+ long vacation before moving to Canada. I'm not sure whether my employer will respond to the RFE after my resignation.

    However, I want to attend an Alumni event in mid-March for an Executive Education program I'm attending at Stanford. Stanford is willing to issue an invitation letter for that. I'm planning to get a B1/B2 visa for the US from India. My brother (GC Holder) can also send me an invitation letter.

    Questions:

    1. Will a pending H1B extension petition have any impact on the B1/B2 visa application?

    2. Should I ask my employer to withdraw the H1B extension petition before applying for a B1/B2 visa?

    3. I will be unemployed with an approved Canadian PR. I have excellent proof of funds records. Will my unemployment during the time of visa application have any impact on B1/B2 visa approval?

    4. My previous B1/B2 visa expired in November 2017. Will I be eligible for dropbox facility?

    5. In case of my H1B extension petition abandonment/withdrawal/denial, when I would become out of status? Will it start from my I-94 expiry or will it start from the day USCIS adjudicates on my petition?

    6. In case of my H1B extension petition abandonment/withdrawal/denial, will it have any adverse impact on the B1/B2 visa application or any future visa applications?

    Thanks in advance for your responses.

  • #2
    Bumping the thread to top.

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