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I am working in the US on L1 till Mid Jul 2013. L1 - H1 COS is in process. Can I apply for a B2 (Visitor)?

Jersey City, NJ |

I would like to visit few places in the US before I leave. While in the US, I do not want to loose the opportunity in case H1B is not approved. Please let me know if this is possible and will it affect my H1B processing.

Attorney Answers 5

Posted

You should be able to apply.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.

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Asker

Posted

Thanks for the answer. Will this not affect my H1B processing? Isn't this a race situation where L1-B2 and L1-H1 both will be in process. What happens if L1-H1 gets approved first ?

Anu Gupta

Anu Gupta

Posted

You can ask for a B1 till Sep 30.

Asker

Posted

B1 visa would be for meetings or business trips and can be filed by an employer only. Isn't that correct ??

Anu Gupta

Anu Gupta

Posted

No, you can file for a B1 as well if you want to meet with clients/attend seminars etc. If you are going to stay for personal reasons, I should have said B2.

Asker

Posted

Yes I want to stay back because I want to visit few places in the US. Being in the US gives me an opportunity which I do not want to loose in case H1B is rejected. Now that you have said that I can file B2, Can you confirm that it will not affect my L1 - H1 COS processing ? Will your office be able to handle the case? Please provide you contact details.

Posted

Yes, you can apply for a COS to B-2 for the interim. Must well document it, with a date certain return ticket , funds to support your stay, etc. and etc. if you want it to get approved.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

Thanks for the answer. Will this not affect my H1B processing? Isn't this a race situation where L1-B2 and L1-H1 both will be in process. What happens if L1-H1 gets approved first ?

Posted

You can apply for a visitors visa.

(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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Thanks for the answer. Will this not affect my H1B processing? Isn't this a race situation where L1-B2 and L1-H1 both will be in process. What happens if L1-H1 gets approved first ?

Posted

The USCIS should decide your CO to H-1B first. If it is approved, you should then withdraw your application for COS to B-1/B-2. You should set an appointment with the lawyer doing the H-1B COS to discuss this.

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Posted

You can, but leaving US while COS is in process will render that one abandoned.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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