My father worked in the US for 2.5 years on h1b. Had both h1b and b2 in his passport (b2 perceeded the h1b and is valid until 2018). Before he left the US he had filed for COS from h1 to b2 and stayed in the US for a couple of months. The request was approved (albeit after he had already left the US). My question is whether he can still use the b2 visa he originally had in his passport, should he want to visit the US in the future (i.e. until 2018), or does he need to get a new b2?
Should not be a problem, or he can come under 90 day visa waiver program.
He does not need to apply for another B-2 visa if his present B-2 visa is still valid.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(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.
He should not have a problem entering on B-2.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.