QUESTION
Can I apply for B2 when I am already filed H1B and it is under process?
Asked on Jul 04th, 2013 on Immigration - Colorado
More details to this question:
My company has filed H1B for me and that petition is accepted and is waiting for next process but during this time my husband is travelling to US in B1 visa. We both are planning to roam around in US for 2 weeks.
2 ANSWERS
Immigration Law Attorney serving Longmont, CO
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Answered on Aug 15th, 2013 at 11:55 PM
Adebola O. Asekun
There is nothing inherently wrong in applying for B-2 visa while your H1B petition is pending. However, if you appear at a US port of entry in possession of a B-2 visa, a border inspector may have concerns that you are not a legitimate tourist, and that your intention is to seek employment given that an H1b petition is already pending. In these circumstances, your claim that you are coming to the US to "roam around" while your H1B is pending will not be convincing to a border inspector and you may be denied admission and excluded It is likely your H1B petition may be approved very soon, you should consider waiting for a decision on that petition and to come to the US with an H1b visa instead.
Answered on Aug 15th, 2013 at 11:55 PM