B1/B2 entry while in valid H1B status

[ron01in]

All visa gurus,

My H1B renewal petition, approved while in US, is valid till June 2010. Now stuck on vacation abroad with renewal visa application at US consulate being sent for administrative processing. I have valid B1/B2.

I have to join my co: later this month. I read that entry and status are 2 different issues. Can i enter on B1/B2 and continue my job (since valid H1B petition already approved till June)?

I am aware that ppl enter on B1/B2 and adjust status subsequently to H1B. My issue is different in that I am in valid H1B status (but no visa now) and want to enter on B1/B2 visa.

Thanks for any suggestions,
ron

[kabkaba]

Status is what you have in the US. If you enter on B visa your status will be B. You may enter and apply for COS but you cannot work until COS is approved.

[ron01in]

kabkaba and other experts,

still awaiting AAP (1 week now)...

will COS to H1B, soon after B1/B2 entry cause concern/denial?

can the immigration officer deny entry on B1/B2 since I have valid H1 status?

my co: said they can sponsor new H1B with new dates, if needed. can they submit a new petition (for same employee in same position but new dates with another additional year till 2011) while visa stamp for old approved petition (till 2010 June) is still in AAP?

thanx in advance for ur thoughts....

[sk4ih]

Yes

No

What do you mean by new dates? New H1 is valid only from Oct of that year.
Only another employer can file a new H1 while old one is pending.

[shervin143]

COS from B1/B2 to H1B is not advisable. Your company need to answer a lot of questions and need to provide a very valid reason for doing so. The chance of approval is less. Even if approved, there are chances that you will be questioned when you go for visa stamping in future.

[ron01in]

kabkaba, sk, shervin and others,

My H1B petition is from a cap exempt (non-profit) co. The approved petition (visa refused under 221(g) when I came on vacation to India this month) is valid till June 2010. I had just signed another contract from July 2010 to June 2011 with the same co before all this fiasco started.

When I mentioned new dates, the co: could offer a new contract for next year but starting from next month to June 2011 (rather than starting July 2010).

Could I then submit a COS (B1/B2 to H1B) along with the new H1B petition under premium? Any ideas on how long COS takes for approval in such cases? Also, could they file a new H1B when the previous one is in AAP? Can the AAP petition be withdrawn? Will the COS evoke the same level of suspicion and a chance of denial?? The whole idea of COS is to avoid another AAP with the new petition if going for consulate visa stamping.

Complicated issues here but the co: lawyer suggests waiting it out for AAP (especially bcos an EB-1 application is to be submitted soon) but the co: is getting impatient and myself even more anxious by the day (almost 3 weeks since AAP pink form......)

cheers for ur suggestions,
ron