Visit US on tourist B-1 / B-2 visa while H-1b petition is under processing

Immigration 5 views 2 answers
Hi, My employer has filed an H-1 petition in Apr '14 for that is currently under processing. My wife moved to the US on her H-1b visa a couple of months back. I am planning to visit her for a couple of months. If and when my petition were to get approved, and I were to go for stamping, I was not sure if the VO at the consulate might raise any questions about my visit on B-1 while the petition was under processing. On the other hand, if my petition gets processed while I am in the US, I was hoping if I could get my stamping done in one of the neighboring consulates. Thought I could avoid travel back and forth to my home country in that scenario. Again here, the legal implications of moving in and out on a combination of tourist / non immigrant statuses is what I am not sure about.

Attorney Answers

2
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
. Don't worry, not even one of the US consulates in India will go so far as to inquire "why you were in the US" while the H-1B petition was in process.. The US consulates in both Canada and Mexico will refuse to entertain your H-1B visa application at anyone of their border posts, due to he fact that you were previously admitted to the US in B-1/B-2 status, they don't like to take those cases, and when they are forced to by some aggressive attorneys, they reluctantly agree, and most of the time deny the visa application on suspicion of fraud and preconceived intent. You'll be better off in Hindustan with your own.
0 upvotes
Stephen Cohen ·
Attorney Behar is quite knowledgeable in this area, listen to his advice.
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