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URGENT: applying B1 when H1 application in progress

URGENT: applying B1 when H1 application in progress

Old Apr 12th 2001, 12:30 pm
  #1  
Fred Lin
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I'm going to apply for a B1 visa for a business trip for my current employer. A
question on OF-156 forms says "Has labor certification for employment in the U.S.
ever been requested by you or on your behalf?" I'm wondering what the word "labor
certificate for employment" means. At the end of Dec 2000, another employer offered a
job and filed LCA for me, then H-1B to INS. And it's probably still on the process.

I would not answer yes to the question because my current employer will not be happy
with it. And I know labor certificate (for Green Card) is very different from Labor
Condition Application. Can I therefore safely answer NO to the question, which is not
regarded as cheating the officer in embassy?

I may not be requested to an interview because I've ever been in the U.S.

Thanks,

F.L.
 
Old Apr 12th 2001, 12:40 pm
  #2  
Michael E. Piston
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If you haven't filed a labor certification, then the answer to the question is no. As
you note, a labor condition application is not a labor certification.

However, you should be aware that many consulate and INS officers considered it a
fraudulent abuse of a B-1 visa to enter the U.S. with the intention of changing your
status to H-1B.

Michael E. Piston Attorney at Law 4000 Livernois Ste 110 Troy, MI 48098
248/680-0600

My comments are based upon my over 15 years of full time experience as an immigration
attorney. It has not been confirmed by research, and one or more immigration
officials or other attorneys may disagree. This is not legal advice and is provided
on the understanding that no attorney-client relationship is created or intended.

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Old Apr 12th 2001, 1:10 pm
  #3  
Fred Lin
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Thanks a lot. I'm relieved.

I've not got a labor certification filed. (I'll go to the employer to make double
sure on that.) And, I'm going back to home country to get the H1 visa after this
trip. I heard that it would be a multi-entry one which enables me to visit my home
during the whole three period.

F.L.
 

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