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H1b pending, Travel on B1

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  • H1b pending, Travel on B1

    Hi All,

    I have just returned from US after staying there for 2 months on B1. Immediately on returning to India, i went for H1B stamping at Hyd Consulate.

    Unfortunately, my case was referred to 221(g) and i was not asked for any documents. My passport was also retained by the VO.

    With my H1b on 221(g), my current employer is again sending me to US on B1. Can i travel to US on B1 now with my H1 under 221(g) processing?

    Replies from someone who has travelled on B1 with H1 on 221(g) will be appreciated.

  • #2
    If they held on to your passport, the wait will be short. If you decide to terminate processing of the 221 and get your passport back, you can travel on B1/B2 again.

    But remember, working on B1/B2 is illegal which is what your employer is doing from what I suspect.

    How can you travel back on B1 while the original intent to perform the duties was on a H1b? I smell something fishy here.

    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.

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    • #3
      Hi txH1b,

      H1b petition is filed by a different employer wheras my current employer is sending me on B1 for training.

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