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Can I renew my B1/B2 visa while on H3?

Miami, FL |

Hello. I have recently moved to Miami on an H3 in order to undertake training, however I have always had a B1/B2 since I was 8 months old and renewed it every 5 years. Now I will just stay in the US for the 2 year period of the H3 but nevertheless I want to renew my B1/B2 in order to be able to continue coming as a tourist in the future.

My question is..can I do this during the period I am on the H3 or shall I wait until my H3 period is over and then renew?

Thanks for the insights! & Happy Holidays!!!

Attorney Answers 3


  1. Wait until you complete your H-3 (2) year training period and depart and then you can re-apply for the B-1/B-2 renewal . You cannot have or be in possession of two (2) non-immigrant statutes concurrently.
    Very truly yours,
    Haroen ("Harun") Calehr, LLM*
    Attorney at Law Calehr & Associates
    Board Certified-Immigration and Nationality Law
    Texas Board of Legal Specialization
    Air Liquide Building
    Galleria Tower I
    2700 Post Oak Blvd., Suite 1220
    Houston, Texas 77056
    (713) 266-9299 Telephone
    (713) 621-8909 Facsimile
    calehrlaw@yahoo.com
    www.calehrlawfirm.com
    *Member College State Bar of Texas
    Masters in Admiralty & Maritime Law
    Licensed in Texas; New York; Washington, D.C.;
    As a Solicitor by the Supreme Court of England and Wales

    Mr. Calehr's response is NOT legal advice and does NOR does it create an attorney-client relationship. You should NOT rely on this response. You should seriously consider a consultation with Mr. Calehr to determine your individual immigration situation.


  2. Yes, you can renew your B-1/B-2 visa while you also hold an H-3 visa. It will be up to you to establish to the satisfaction of the consular officer that you continue to satisfy the requirements for a B-1/B-2 visa while you will be maintaining H-3 status in the United States. Keep in mind that you can only hold one status at a time while in the U.S.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


  3. I agree with Atty Devore.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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