My H-1 is approved.Presently I am on (B-1/B-2) till 2015

Asked about 1 year ago - Charlotte, NC

My H-1 is approved.Presently I am on (B-1/B-2) and (B-1/B-2) till 2015,
My H1b will be valid form October 1st 2013 onwards ,i havnt recived I-94 with approval
MY Ques
1)Can i leave the US and come back to US On B1b2. in August for a ceminar.
and than i will apply for stamping for H1b from country.

Attorney answers (3)

  1. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . I must correct you ... it is impossible to have an I-94 with a valid B-2 until 2015

    1. That is not a good idea ... go home and get a stamp and return after September 20, 2013

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  2. Robert Louis Brown

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . If your B-2 is valid until 2015 you would be considered in status, however this is probably an error in your question. if you mean you have B visa valid until 2015 you are permitted to travel to the US as a non immigrant B for a valid non immigrant B purpose. A seminar is generally okay for B purposes.

    919.225.3963
    immigration@rbrownllc.com
    www.brownimmigrationNC.com

    Robert Brown LLC
    2330 Meridian Parkway, Suite 3050
    Durham, NC 27713

  3. Madhu Kalra

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . If you have a H-1B approved while being on B1/B2. What it means is that your status is changed to as of H-1B beginning 10/1/2013 and if you leave the country prior to 10/1/2013 and want to reenter on H-1B, you would need stamping, you are no longer on B1/B2. Answer is no , you cannot enter in 8/13 on B1/B2. If you reapply for B1/B2, it will create complications for approved H1.
    If you continue to stay here on valid B1/B2, you can attend the seminar/confence while on B1/B2.

    Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012 http://www.... more

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