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B2 to H1 - please help

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  • B2 to H1 - please help

    My 6 year H1B expired on Sept 9, 2011. USCIS accepted my B2 visa for 6 months, and I stayed in US from 10thSept,2011 to 7thJan, 2012 on B2 visa and left the country(USA).


    Currently I work in London, UK. My new H1B is filed under 2012 April quota through a new employer, which will be ready for me by Jan 8th,2013 to re enter US.


    In the mean time I am planning to apply for B2 (tourist visa) to enter US by october 2012, will this in anyway affect 1year time I am currently serving to stay out of USA and on my new H1B that is going to be ready shortly to start working in US from Jan8th? if my B2 visa is granted , I would like to come in october to US (and continue to stay if possible)and change my status to H1B if my new H1B gets approved by Jan 8th 2013?

    Can you travel US for few days with B2 while serving one year outside after 6year H1?

    Many Thanks!

  • #2
    Originally posted by rithik View Post
    My 6 year H1B expired on Sept 9, 2011. USCIS accepted my B2 visa for 6 months, and I stayed in US from 10thSept,2011 to 7thJan, 2012 on B2 visa and left the country(USA).


    Currently I work in London, UK. My new H1B is filed under 2012 April quota through a new employer, which will be ready for me by Jan 8th,2013 to re enter US.


    In the mean time I am planning to apply for B2 (tourist visa) to enter US by october 2012, will this in anyway affect 1year time I am currently serving to stay out of USA and on my new H1B that is going to be ready shortly to start working in US from Jan8th? if my B2 visa is granted , I would like to come in october to US (and continue to stay if possible)and change my status to H1B if my new H1B gets approved by Jan 8th 2013?

    Can you travel US for few days with B2 while serving one year outside after 6year H1?

    Many Thanks!
    You should not do that. Your stay in US on B2 will adversely affect your 1 Year Clock reset period. One should be out of US for a continuous 1 Year period. I would consider you lucky if they don't question your 6 Month B2 stay while granting you a new H1. This is my opinion not legal advice.

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