Written by attorney Anu Gupta

Travel to the US on a B1 while H1 is pending

Question. We have offices in India and the US. Our team-lead has a 5 year B1 visa. We also filed for his H1 this year. The H1 is currently pending. Can we send him to B1 for a few weeks to the US to discuss some updates with the US client?

Answer. Yes, you should be able to send him on the B1 visa. You should document why he is going and that it is short term and that he will return in a few weeks. Companies commonly send people on a B1 while waiting for a H1 approval. If they can justify the B1 (there is a valid contract and a valid reason for the short trip), then the person will be allowed entry.

If he is traveling after the approval of the H1, he should get the H1 issued and use it to travel.

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