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Effect of frequent travels to the US on B1 visa on H1b filling

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  • Effect of frequent travels to the US on B1 visa on H1b filling

    Hey everyone,

    I've been frequently travelling to the US on B1/B2 visa to give my USMLE exams and interviews. This required for me to stay for around 6 months, and then I left the country for 3 months, and came back. Once in 2013, I also applied for extension of my i94 and stayed for a year in the US. I finally got a job offer in a hospital (I matched!), and signed the contract to start my job in July.

    However, this time when I was exiting the US from Atlanta, the officers there literally grilled me down. It has never happened before. They were intimidating and were saying why am I staying for so long. I tried explaining but they didn't listen and assumed I was working illegally, and started shouting and treated me like ****. However, after their Good/Bad cop routine, they allowed me to go after checking my paperwork, and warning me that I should stay out of the US for a while. They didn't put anything on my passport, but made copy of it, and my i94 extension approval notice. I told them straight up that I have signed a contract and will come back on H1b visa, and they said it would be fine then, but I shouldn't come back on my B1/B2 visa.

    First, I don't understand why they were grilling. My visa clearly expired in March itself (my i94 is still valid), and this was the last time I was travelling. They could clearly see I won't be travelling again on visit visa. I also stayed out for 3 months before coming back in.

    Second, now that my hospital is filling my H1b petition via premium processing, how bad does this history look (staying for a year with an approved extension, staying out for 3 months, coming back and staying for 6 months, staying out for 3 months, and coming back again for 6 months, and then going out now)? Will they create problems for me? I had genuine reasons for staying in the US (exam dates/interview season which lasts 4-5 months)

    It will be a peace of my mind to know that there wont be much problem with a new visa. All my paperwork is complete. The hospital is doing everything. I start my PGY1 year in July. I have a pakistani passport, but I lived all my life in US, and did medschool from Romania. I have worked my **** off for the past 2 and a half year to get residency, and then finally got a job. Not many people get this offer and I was the lucky one. It will be such a loss if I can't get to my residency cause of visa issues.

    Thank you for all your info and insight! It will surely solve my anxiety issue.

  • #2
    Originally posted by dr.qamarahmad View Post
    Hey everyone,

    I've been frequently travelling to the US on B1/B2 visa to give my USMLE exams and interviews. This required for me to stay for around 6 months, and then I left the country for 3 months, and came back. Once in 2013, I also applied for extension of my i94 and stayed for a year in the US. I finally got a job offer in a hospital (I matched!), and signed the contract to start my job in July.

    However, this time when I was exiting the US from Atlanta, the officers there literally grilled me down. It has never happened before. They were intimidating and were saying why am I staying for so long. I tried explaining but they didn't listen and assumed I was working illegally, and started shouting and treated me like ****. However, after their Good/Bad cop routine, they allowed me to go after checking my paperwork, and warning me that I should stay out of the US for a while. They didn't put anything on my passport, but made copy of it, and my i94 extension approval notice. I told them straight up that I have signed a contract and will come back on H1b visa, and they said it would be fine then, but I shouldn't come back on my B1/B2 visa.

    First, I don't understand why they were grilling. My visa clearly expired in March itself (my i94 is still valid), and this was the last time I was travelling. They could clearly see I won't be travelling again on visit visa. I also stayed out for 3 months before coming back in.

    Second, now that my hospital is filling my H1b petition via premium processing, how bad does this history look (staying for a year with an approved extension, staying out for 3 months, coming back and staying for 6 months, staying out for 3 months, and coming back again for 6 months, and then going out now)? Will they create problems for me? I had genuine reasons for staying in the US (exam dates/interview season which lasts 4-5 months)

    It will be a peace of my mind to know that there wont be much problem with a new visa. All my paperwork is complete. The hospital is doing everything. I start my PGY1 year in July. I have a pakistani passport, but I lived all my life in US, and did medschool from Romania. I have worked my **** off for the past 2 and a half year to get residency, and then finally got a job. Not many people get this offer and I was the lucky one. It will be such a loss if I can't get to my residency cause of visa issues.

    Thank you for all your info and insight! It will surely solve my anxiety issue.
    What you were doing on B1 is not the actual purpose of the B1 visa hence the grilling. Exam dates and interview seasons are not justifiable reasons from immigration perspective.

    I think if you are honest with the officers you have a decent chance.

    This is my opinion not legal advice.

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