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Travel on B2 after "Case Approval"

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  • Travel on B2 after "Case Approval"

    Friends, I have got the H1B Case Approval ,dated 16th june 2008 and I wish to travel to USA on B2 Visa in July 2008 last week(I already have 10 yrs multiple B1/B2 Visa and have travelled once earlier ). I have a very urgent family obligation during that time and someone suggested that I should not travel to USA after getting the CASE APPROVAL for H1B Visa.
    Please suggest me if I should travel or NOT?
    Urgent response in this regard shall be appreciated.

  • #2
    You can travel if you intend to go back and return later on H1b instead of changing status to H1b after entering on B1/B2. Even that could be done after 90 days of entry but entering with that intention can be used against you later and is not recommended. What that someone told is wrong!

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      BUDDY...thanks

      Originally posted by txh1b
      You can travel if you intend to go back and return later on H1b instead of changing status to H1b after entering on B1/B2. Even that could be done after 90 days of entry but entering with that intention can be used against you later and is not recommended. What that someone told is wrong!
      Thanks for such a prompt reply....I expected that you will be the first one to reply to my query.
      Well, the fact is that I will return back within 10 days FOR SURE.
      I only hope GUYS at POE don't bother me for that.
      I have clear intentions and shall be coming back within 10 days.
      How do I tackle the concerned Officer at POE?
      Last edited by gbadrain; 06-21-2008, 01:56 PM.

      Comment


      • #4
        Originally posted by gbadrain

        I only hope GUYS at POE don't bother me for that.
        I have clear intentions and shall be coming back within 10 days.
        How do I tackle the concerned Officer at POE?
        They will not bother you if you have the return tickets booked and are clear about your plan. If they are too concerned, they will annotate your I-94 with a comment saying No COS Allowed or something of that nature.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Information Of "Case Approval" at POE

          Thanks txh1b..Do you think that folks at POE are informed about the Case Approval of the Visitor?
          Do they have the complete information about the Visitor (inclusive of data filled up in form 156, 157 etc)?

          Comment


          • #6
            They can find out if needed. But generally, unless something is suspicious, they do not dig into it. Answer their questions to the point and do not volunteer unwanted information.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              Why do n't you inform at POE that you intent to stay for 10 days only.Accordingly I94 will be given. If need be show your return ticket.

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              • #8
                Thanks

                Thanks to you SENIOR MEMBERS for the info-
                I got the point what you all have to say.
                GRACIOUS!!

                Comment


                • #9
                  Confusion ??

                  In relation to the above topic.
                  1) I called up US Embassy, Vfs who said "Yes, I can travel on B2/B1 Visa even after H1B Visa Case Approval"
                  2) I called up an attorney in USA who filed my case and he is of the opinion that- "If I travel on B1/B2 Visa to USA after having got the Case Approval for H1B Visa, my H1B Case Approval shall be abandoned"

                  Based on the above points: I am a confused person because the latter point doesn't sound logical and convincing. I have asked my Attorney to send the RULE/ Written copy of this LAW which says that.
                  I have also sent an email to USCIS and will call them up soon.
                  PHEW...:

                  Comment


                  • #10
                    Originally posted by gbadrain
                    In relation to the above topic.
                    1) I called up US Embassy, Vfs who said "Yes, I can travel on B2/B1 Visa even after H1B Visa Case Approval"
                    2) I called up an attorney in USA who filed my case and he is of the opinion that- "If I travel on B1/B2 Visa to USA after having got the Case Approval for H1B Visa, my H1B Case Approval shall be abandoned"

                    Based on the above points: I am a confused person because the latter point doesn't sound logical and convincing. I have asked my Attorney to send the RULE/ Written copy of this LAW which says that.
                    I have also sent an email to USCIS and will call them up soon.
                    PHEW...:
                    The attorney is wrong.

                    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                    Comment

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