Kumar Gr 78

Hi ,

I currently hold a B1 visa and need to travel on an assignment for my
current employer.
I've also been offered employment by another employer who has applied
for an
H1B for me. Under these circumstances with my application for H1B
pending, is it legal
for me to enter under the B1 for my current employer?

Thanks,
Kumar.

Jozef

<[email protected]> wrote in message
news:[email protected] ups.com...
>
> I currently hold a B1 visa and need to travel on an assignment for my
> current employer.
> I've also been offered employment by another employer who has applied
> for an
> H1B for me. Under these circumstances with my application for H1B
> pending, is it legal
> for me to enter under the B1 for my current employer?

That's not a problem at all. A pending petition for a non-immigrant visa
does not preclude travel on another non-immigrant visa.

Jozef

Kumar Gr 78

Hi folks,

Need some advice. I'm not sure what is happening. This is my third
time in us. My first visit
for a month on B1. I was granted an I94 of 3 months. But yet I left as
soon as the purpose
of my visit was done, which was in 1 month. My second trip was
supposed to be a 3 month
trip for a training, but I was granted only 1 month. A lot of my
friends advised me against applying for
an extentions (since they said there are several cases were the by the
time we get an verdict
on the extention, the i94 will have already expired). So I didn't
apply for an extention and returned
back home having accomplished what I could in 1 month. However, my
company decided to
send me again to complete my training here and so that was the purpose
of my third trip
which was to be for 2 months. However to my utter horror, I was
granted only 1 month I94 again.
(I asked for 6-8 weeks). This time round, I think my company will
insist in my filing for an
extention. I've the following questions:

1. Given that I have a petition for H1B pending with another
prospective employer, could that be the reason I got only 1 month.
2. Or is it likely that I was granted only 1 month now, since last
time I had asked for 3 and got only 1 and didn't apply for extention.

3. Is it risky for me to apply for extention given that I have an H1B
petition pending with another prospective employer.
My current employer isn't aware of this.

Regards,
Kumar



On May 23, 5:11 am, rcollodo <[email protected]>
wrote:
> > Hi ,
>
> > I currently hold a B1 visa and need to travel on an assignment for my
> > current employer.
> > I've also been offered employment by another employer who has applied
> > for an
> > H1B for me. Under these circumstances with my application for H1B
> > pending, is it legal
> > for me to enter under the B1 for my current employer?
>
> > Thanks,
> > Kumar.
>
> Hi Kumar,
> IŽm in the same situation as you....Did you travel already ?
> Was it easy to enter ?
> IŽll have to go to New York in two weeks and IŽm waiting for my
> H1B process get completed.
> Thanks for your help
>
> Rcollodo
>
> --
> Posted viahttp://britishexpats.com

Jozef

<[email protected]> wrote in message
news:[email protected] oups.com...
>
> 1. Given that I have a petition for H1B pending with another
> prospective employer, could that be the reason I got only 1 month.

No. The two are completely separate.

> 2. Or is it likely that I was granted only 1 month now, since last
> time I had asked for 3 and got only 1 and didn't apply for extention.

It's more likely they gave you only 1 month because of the frequency of your
trips.

> 3. Is it risky for me to apply for extention given that I have an H1B
> petition pending with another prospective employer.

No. Again, the two are completely separate.


Jozef

Kumar Gr 78

Thanks Jozef,

> > 2. Or is it likely that I was granted only 1 month now, since last
> > time I had asked for 3 and got only 1 and didn't apply for extention.
>
> It's more likely they gave you only 1 month because of the frequency of your
> trips.

Although I stated 3 trips, they were quite apart in time.
There was a 2 year gap between the first and second.
and a 6 months gap between the 2nd and third.


> > 3. Is it risky for me to apply for extention given that I have an H1B
> > petition pending with another prospective employer.
>
> No. Again, the two are completely separate.

Thanks. One more thing, On my H1B petition status, the employer
has been issued an RFE requesting that he submit the offer letter
signed by me. Earlier I'd accepted his offer through mail, so now
he wanted me to have it signed and sent to him. I suspect that
its not legal for me to do this when I'm on B1 here. So I've refused
and told him I'd sign it only after I return. (He interviewed and
offered
me when I was not in the US). Given this state would it be risky for
me
to file for extention?

Thanks a lot.

Regards,
Kumar.

> <[email protected]> wrote in message
>
> news:[email protected] oups.com...
>
>
>
> > 1. Given that I have a petition for H1B pending with another
> > prospective employer, could that be the reason I got only 1 month.
>
> No. The two are completely separate.
>
> > 2. Or is it likely that I was granted only 1 month now, since last
> > time I had asked for 3 and got only 1 and didn't apply for extention.
>
> It's more likely they gave you only 1 month because of the frequency of your
> trips.
>
> > 3. Is it risky for me to apply for extention given that I have an H1B
> > petition pending with another prospective employer.
>
> No. Again, the two are completely separate.
>
> Jozef

Jozef

<[email protected]> wrote in message
news:[email protected] oups.com...
>
>> It's more likely they gave you only 1 month because of the frequency of
>> your
>> trips.
>
> Although I stated 3 trips, they were quite apart in time.
> There was a 2 year gap between the first and second.
> and a 6 months gap between the 2nd and third.

You're right. That should have been enough time between trips. What was the
immigration officer's explanation when you were given only 1 month?

> On my H1B petition status, the employer
> has been issued an RFE requesting that he submit the offer letter
> signed by me. Earlier I'd accepted his offer through mail, so now
> he wanted me to have it signed and sent to him. I suspect that
> its not legal for me to do this when I'm on B1 here.

Accepting an employment offer is consistent with B-1 status, as long as you
don't actually start work.

> So I've refused
> and told him I'd sign it only after I return. (He interviewed and
> offered
> me when I was not in the US). Given this state would it be risky for
> me
> to file for extention?

You are being unnecessarily paranoid! Applying for a B-1 extension shouldn't
be a problem as long as you don't actually start working for your new
employer.

Jozef

Kumar Gr 78

Thanks.

>
> You're right. That should have been enough time between trips. What was the
> immigration officer's explanation when you were given only 1 month?
>

I didn't get any explanation. Are they supposed to give a reason?
The officer simply asked me how long I intended to visit and
stamped 4 weeks. I was worried since that was exactly what happened
last time as well, I was given no explanation.

> You are being unnecessarily paranoid! Applying for a B-1 extension shouldn't
> be a problem as long as you don't actually start working for your new
> employer.

Yes perhaps. Its just that my position is quite precarious since my
current
employer doesn't know about the other offer I have.

Thanks a lot for your explanations.

Regards,
Manikam.

On Jun 4, 7:36 am, "Jozef" <[email protected]> wrote:
> <[email protected]> wrote in message
>
> news:[email protected] oups.com...
>
>
>
> >> It's more likely they gave you only 1 month because of the frequency of
> >> your
> >> trips.
>
> > Although I stated 3 trips, they were quite apart in time.
> > There was a 2 year gap between the first and second.
> > and a 6 months gap between the 2nd and third.
>
> You're right. That should have been enough time between trips. What was the
> immigration officer's explanation when you were given only 1 month?
>
> > On my H1B petition status, the employer
> > has been issued an RFE requesting that he submit the offer letter
> > signed by me. Earlier I'd accepted his offer through mail, so now
> > he wanted me to have it signed and sent to him. I suspect that
> > its not legal for me to do this when I'm on B1 here.
>
> Accepting an employment offer is consistent with B-1 status, as long as you
> don't actually start work.
>
> > So I've refused
> > and told him I'd sign it only after I return. (He interviewed and
> > offered
> > me when I was not in the US). Given this state would it be risky for
> > me
> > to file for extention?
>
> You are being unnecessarily paranoid! Applying for a B-1 extension shouldn't
> be a problem as long as you don't actually start working for your new
> employer.
>
> Jozef

-Hunter

<[email protected]> wrote in message
news:[email protected] ps.com...
| Thanks.
|
| >
| > You're right. That should have been enough time between trips. What was
the
| > immigration officer's explanation when you were given only 1 month?
| >
|
| I didn't get any explanation. Are they supposed to give a reason?
| The officer simply asked me how long I intended to visit and
| stamped 4 weeks. I was worried since that was exactly what happened
| last time as well, I was given no explanation.
|

When he asked you how long you intended to visit what was your answer? Did
he not give you what's appropriate based on your "truthful" answer?
Why didn't you ask for an explanation if you wanted one?
Didn't you know it's not against the law to politely ask any immigration
officer if you have any question about your immigration case?