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  1. #1

    Question Entry as a Tourist While a H1B Change of Status is Pending

    I been to US for the period June 2012 to August 2012 on B1-Visa(Multiple entry).
    I got I-94 for 6 months starts from 7th June 2012 to 8th Dec 2012, but I returned back to India in August 2012(only 2 months trip).

    My employer had applied for Change of Status to H-1B while I was in USA in June 2012 month.
    *** "Change of Status" B1 to H-1B in June 2012 month. Still my COS to H-1B Petition status says RFE.

    My Question: I am planning to travel USA again in this week on my B1-Visa, so what kind of queries I may expect from POE officers. Any questions related to my COS to H-1B Petition they may ask?

    Supporting Documents I have:
    1. Client Invitation latter, with purpose of travel and agenda for 8 weeks.

    Thanks in advance,
    Praveen

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Entry as a Tourist While a H1B Change of Status is Pending

    A B-1 is NOT a substitute for an H-1B. There are very limited activities that can be performed on B-1 visa entry. They are not the same as those that can be performed on H-1B. You need to verify with your sponsoring company's attorney that the proposed activities can be legally performed while on B-1. Beware of having your employer encourage you to participate in unapproved work activities while the RFE is in processing since any violation of the rules affect your future in the US. You can be denied entry for unauthorized types of work activities.

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