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Can I have both H1B (from previous employer) and B1(from current employer) at a time?

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  • Can I have both H1B (from previous employer) and B1(from current employer) at a time?

    My employer is not willing to do internal H1B transfer from my previous firm and wants to initiate B1 visa for my travel to US. Here are the questions I have:
    1) Is it possible to retain my H1 B while I apply for B1? considering the fact that though my H1B is stamped from previous employer, I never traveled to US so far now.
    2) Can we have H1B and B1/B2 visas both at a time?


    Thanks in advance. I need this urgently.

  • #2
    There is no such thing as internal H1B transfer. And if your employer feels that the trip's [purpose is better covered by a B1 (which means it would be limited to a short duration) then they will not do a H1, which is for a longer duration of work. You can have as many non-immigrant visa stamps in your passport as you want. However, a visa stamp is merely for entry. BTW, whether to grant you an entry is at the discretion of the CBP officer. Now that you have changed employers, your existing visa stamp is virtually useless, since the natural question even after a H1 transfer would be why did you not get a fresh stamp, since the previous petition is clearly no longer valid. If your question is regarding the petition itself, you are free to re-use it within three years of the date you were last counted under the cap.
    Just an opinion; Not legal advice.

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