QUESTION
Can I get a B1 visa while having approved H1B petition?
Asked on May 18th, 2012 on Immigration - Georgia
More details to this question:
My previous employer had filed my H1B and the petition was approved. But then I left the company. My current employer wants to process my B1 visa for a business visit. Would ther be an issue with my B1? Can I get my H1B petition transferred?
7 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you are outside of the US, you can apply for a B-1 visa at the US consulate. If you are no longer working for the previous employer, your current employer must file a completely new H1B petition. You cannot transfer the visa from one employer to another.
Answered on Jun 06th, 2012 at 9:24 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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You should do another H-1B asap as you are currently violating your status.
Answered on May 29th, 2012 at 3:13 PM
Thomas J. Rosser
Assuming that you were not an "overstay" on your previously authorized H-1B with the former employer and you will be applying for the multiple entry B-1 NIV at a consular post, you may well qualify without prejudicing the NIV application by having been in H-1B classification previously. An H-1B petition is employer-specific and non-transferable (except in relation to specific corporate acquisition scenarios - i.e. successors in interest), but parallel H petitions, in some circumstances, can be filed by a new employer prior to the actual termination and departure of the employee from the former employer.
Answered on May 25th, 2012 at 8:43 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Yes, you can change your status to a B1 while in the US. It will be limited to 6 months maximum. If you are outside the US, then you would apply directly that the Embassy for the B1, but they will be suspicious why the company had an H1b, cancelled and then did a B1.
Answered on May 25th, 2012 at 8:31 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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I think your lawyer is using the B visa as a stop to keep you in status while the new H-1B app is filed.
Answered on May 25th, 2012 at 5:38 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If the old H-1 visa is still valid, you can come back with a new H1 approval from your new employer. No need to apply for a new H1 visa stamp.
Answered on May 25th, 2012 at 12:29 PM
Significantly more information is needed in order to assess eligibilities for "change of status" or for "porting" of an H1B. This is particularly true if you no longer are in compliance with your previously approved H-1B visa for work with the company you used to work with. There is no substitution for engaging an immigration attorney to carefully review the details relating to you, to your visa and to your new employer.
Answered on May 25th, 2012 at 6:36 AM