Is B1/B2 possible when H1B processing is going on?

[mougli]

Hi,

I have applied for a H1b and currently the petition is under adminstrative processing. Now my current employer wants me to visit for a training is US in the month of April. So Can I apply for a B1/B2 visa now? Will I face any issues when I go for stamping? I don't want my current employer to knwo that my H1B processing is going on.

Please help.

Thanks,
Mougli

[immihelp]

I don't see any problem with that. Go ahead.

[menaka]

B1 Visa

Hi,

I have applied for a H1b and currently the petition is under adminstrative processing. Now my current employer wants me to visit for a training is US in the month of April. So Can I apply for a B1/B2 visa now? Will I face any issues when I go for stamping? I don't want my current employer to knwo that my H1B processing is going on.

Please help.

Thanks,
Mougli

Hi

I definately foresee that you may have to face a few query's at the Consulate. Because you applied for a H1b visa earlier which is a dual intent visa, you dont have to prove that you will come back to your home country. But a B1 is a non-immigrant visa and you definately need to prove that you will come back after a temporary stay. WHile your intension on applying for H1B itself is to work for a continuous period of 6 years

Not Legal Advice!

[shamanth]

So Mougli what did you do? did u get your b1 stamped when your h1 was under process?

So Mougli what did you do? did u get your b1 stamped when your h1 was under process? Also did u enter the US at the same time? I am in a similar situation and would need help
Thanks
Sam

[tinman]

ImmiHelp

Hi ,
My Current predicament is same as Mougli, but a bit more complex. I will appreciate appropriate advice, So I can ensure to present myself in truth.

My H1B petetion was approved in Oct05, to be applied from Mumbai consulate.

I moved in OCt05 to Bangalore and joined a new company, who filed for my B1 visa from Chennai. I had made them aware that I will be able to commit to them till July06 since I intented to be in USA for work by OCt06.

Now the hard part.. My Request from Chennai consulate has been rejected 2 times, once in Jan06 and again in April06 under 214(b). My current company in Banaglore is keen and asked me to reapply for B1. They are happy for me to travel atleast over the next 2-3 months to help them establish good client relations and setup.

Now my questions :
My H1 application from Mumbai is for Sept06, however at the time of application my B1 was just rejcted once... so do I need to update the form and reapply for a new date?
My petition for H1 says apllication from Mumbai, from where I have applied. Under current circumstance is it still valid and legal I had applied rom Mumbai.
Should I reapply for B1 again, as my company is insistant that I do,even after knowledge that I am comitted to them till July06.

Please help and advice anyone!!!