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H1 pending and applying for B1?

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  • H1 pending and applying for B1?

    Hi,
    I had applied for an H1 last year and had got a 221g (additional docs from employer) when i went to visa interview in NOv 2006. My prospective employer has still not posted those documents to me. And this 221g is set to expire this year in nov 2007.
    My present employer in the mean time is going to file a B1 visa for me probably next weeek. Will this be any problem? Will the visa officer ask any questions on the pending 221g on the H1b.. and finallly will I get a B1?
    I have heard with a approved petition of H1b and if you are already in the US, you dont even need a stamping on the passport. So will the visa officer think in the lines.. what if i use this B1 visa and the 2006 h1b approval notice and start working on the prospective employer. I am a litle confused. Can some one answer this plz?

    Thanks
    sreedhar

  • #2
    H1 and B1 issues

    I had applied for an H1 last year and had got a 221g (additional docs from employer) when i went to visa interview in NOv 2006. My prospective employer has still not posted those documents to me. And this 221g is set to expire this year in nov 2007.
    My present employer in the mean time is going to file a B1 visa for me probably next weeek. Will this be any problem? Will the visa officer ask any questions on the pending 221g on the H1b.. and finallly will I get a B1?

    ---- If you are applying for a B1 the VO is not interested in any of your other applications including H1. They have no time to waste other than considering and reviewing your application for the Visa class you have applied for (as in your case B1)

    I have heard with a approved petition of H1b and if you are already in the US, you dont even need a stamping on the passport. So will the visa officer think in the lines.. what if i use this B1 visa and the 2006 h1b approval notice and start working on the prospective employer. I am a litle confused. Can some one answer this plz?

    ---- When you go to the US on a B1 Visa, you will be givena I-94 for B1 Visa and this does entitle you to work at any employre

    ---- Your H1 does not have a Visa and at the POE you cannot declare that you will enter US on H1 and thus no I-94

    ---- Once you enter US on B1 and if you are caught working for wages you will be deported permanently. The H1 will not entitle you to work isrrespective of the status unless you have a Visa a I-94 and SSN

    Subramanya

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    • #3
      Thank you very much. I am a little relieved now.

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      • #4
        rejected :-(

        FYI,

        The VO very much opened my pending H1B case and asked me why I was not able to produce those documents yet. She didnt bother to ask any questions on the current B1 application. Outright rejection.

        Thanks

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