Coming back to US on b1/b2 for a few months after h1 is expired

[skorvi]

Hi,

I had applied for my h1 extension and I got an rfe asking for client letter but I couldn't provide it as I had left that job. I was advised by my employer's attorney to go back to India and get a new job so that my employer could file for new h1 petition. I was told that since I have completed 6 years on h1 and that my greencard processing is in first stage, I am exempt from the h1 quota system. I just need a job offer and I can apply for h1 extension using the client letter and go for h1 stamping in India after my approved h1 petition documents are sent to me by my employer.

I have been facing a very hard time finding jobs in US where I can get selected over the phone or skype as no client is willing to offer a job without an in person interview. I have more than 10 years of dot net development experience.

I was wondering if I could use my unexpired b1/b2 visa to visit US for a short visit like 2/3 months to be able to give in person interviews and then come back to India if a job offer is made and go for h1 stamping in India.

I just want to know if I can do that and if doing so would affect my h1.

Many thanks in Advance
Satya

[raghvi]

Hi,

I had applied for my h1 extension and I got an rfe asking for client letter but I couldn't provide it as I had left that job. I was advised by my employer's attorney to go back to India and get a new job so that my employer could file for new h1 petition. I was told that since I have completed 6 years on h1 and that my greencard processing is in first stage, I am exempt from the h1 quota system. I just need a job offer and I can apply for h1 extension using the client letter and go for h1 stamping in India after my approved h1 petition documents are sent to me by my employer.

I have been facing a very hard time finding jobs in US where I can get selected over the phone or skype as no client is willing to offer a job without an in person interview. I have more than 10 years of dot net development experience.

I was wondering if I could use my unexpired b1/b2 visa to visit US for a short visit like 2/3 months to be able to give in person interviews and then come back to India if a job offer is made and go for h1 stamping in India.

I just want to know if I can do that and if doing so would affect my h1.

Many thanks in Advance
Satya

B1/B2 should not be used to enter US to attend interviews. Without a genuine reason for B1/B2 the officer at POE would probably get suspicious and might even revoke it.

This is my opinion not legal advice.

[skorvi]

Thanks Raghavi

B1/B2 should not be used to enter US to attend interviews. Without a genuine reason for B1/B2 the officer at POE would probably get suspicious and might even revoke it.

This is my opinion not legal advice.

Hi Raghavi,

Thanks for your advice. I would not be telling the officer that I will be attending interviews. I will just tell him that I am visiting my friends.

Thanks
Satya