Can someone travel on a B-1/B-2 while admin. processing for H-1B going on?

[mushtaqashraf]

Hello everyone,

I would first like to thank everyone, especially the senior members, for sharing their experiences and guiding others through their problems.

My question is- if someone has a valid B-1/B-2 visa and also simultaneously that person's H-1 visa has been approved with the administrative processing now going on, can that person travel to US on the visitor's visa? Reason for asking- the job is no longer there but the employer has not revoked the H-1 petition yet and I want to visit the US to do interviews to find a new job?

Hoping to hear from you soon and thanking you in anticipation.

Goodbye!

[shervin143]

It is illegal to travel to U.S in a business visa to search for jobs.

Check this: http://www.immihelp.com/visitor-visa/

[mushtaqashraf]

Thanks!!!

Thank you very much sherwin143 for your reply.

Let me elaborate a bit more. I am a physician and looking for a residency (training-cum-job) position. For this we have to apply in ERAS (a facility run by American Asso. of Med. Colleges) for different hospitals' training program. Then we are offered interviews for which we have to enter the US and this is routinely done on the B-1/B-2 visa. So that is not an issue. I have been through the drill. I just wanted to know if I can enter US if admin processing for my H-1 is going on, which I got when I had secured a residency last year but could not join as my H-1's admin processing is going on for so long. And this year I have to look for a new residency. My program did not get my H-1 petition revoked.

[shervin143]

Admin processing of one visa is independent of another visa. Entering in B1/B2 for the correct reason should not cause any issues while H1B visa is under admin processing.

[mushtaqashraf]

Thank you very much sherwin143. I am obliged. And God bless you!

[mushtaqashraf]

Got the h-1 now what.

Hello,

Hope all of you are in the best of spirits and doing well. Wish you a belated HAPPY NEW YEAR as well- may it be one of prosperity for both of us. Well it has begun on a sweet note for me! I have obtained my H-1 yesterday, after 8 months of admin processing and the the same hospital has assented to offer me a spot for session starting July 1, 2010. Guidance from this forum has been most crucial in this journey!.

As expected, the H-1B expires on Jun 30, 2010 (its for 1 year). I was advised in this forum that it isn't a problem & I can travel using the same visa with another petition from the hospital for next year. I consulted the previous attorney and he said he will file an 'EXTENSION' with the USCIS. He says," This anticipated petition would be regarded an extension with the same employer".

The hospital forwarded another attorney's name to me and presented him my case. He says,"A NEW petition needs to be filed for the same job with a different start and end date. You don't need new stamping at the embassy. You can use the valid H-1B visa, plus the valid approval notice for the July 1 petition, to come to the United States on June 21st, 10 days before the new petition (one for employment starting July 1) would be active.".

Also the fees for this new attorney is really exorbitant compared to previous one- 750$ vs 3000$. I am confused as to whether it will be an EXTENSION or a NEW PETITION and therefore whose services, from the two, should I utilize to execute this final stage properly. I am also anxious about entering the US so close to the visa expiry date.

Anxiously waiting for your reply and hoping to hear from you soon.