Port of Entry issues - to enter into US on B1
PS: My H1b is with different employeer.
PS: I'm currently in India
4 attorney answers
What will you come to the U.S. for on B-1? What supporting documents will you carry? Do you have an attorney representing this company and you?
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. You are encouraged to seek independent and private counseling for a complete review of your case.
you could enter on B-1 but that would then cancel out your H which is not activated, and unless the second employer is filing another H-1 for you next year you will miss this opportunity, and complicate the matters for yourself.
You MUST start working for the H-1B "employer" come October 1st, to "activate" your newly acquired H-1B status, otherwise can kiss that H-1B goodbye.. Do not try to play any "B-1" games or you'll be sorry for years to come after that..
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.
Doe your H-1B start on October 1st? If so, DO NOT WAIT UNTIL 2015. Failure to immediately 'activate' the H can result in it being canceled by CIS.
Yes, activation is a recent requirement.
Talk to the company's immigration lawyer ... NOT a NON-ATTORNEY in HR ... learn about the new May 2014 memo.
PS I don't see a problem with entering on the B-1 .. it will give CIS more proof of the fact that they should cancel the H and give it to someone else.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.