Apply B1/B2 visa while H1B application is pending with USCIS


(Anonymous) #1

Hi Anil,

H1B lay off and Transfer petition

My H1b change of employer petition was filed in September 2018 after there was a layoff with the previous employer. I had to travel outside the US for a family emergency after I got a new job within the 60 day period.

So, the new employer has filed my H1b with consular processing. When can I expect any answers from USCIS?

Apply B1/B2 visa while H1B application is pending with USCIS

Can I apply for a B2 visa and visit my friends and family in the US for 2 months and then come back and get my visa stamping done?

Sorry for so many questions. Thanks in advance !


(Anil Gupta) #2

As I understand, you never started working for your new employer while you were in US. Right?
Do you have a valid H1B stamp from previous employer?

Do NOT apply B1/B2 while H1B is pending with USCIS

Also, I strongly recommend to NOT apply B1/B2 (legally, you can apply though) as it has very high chances of rejection.

B1/B2 is only for temporary visit and NO work. Since, your H1B (work auth) is pending, you are creating a conflict with your intentions and the visa officer will count it as negative for your B1/B2 application.

I am almost certain that your B1/B2 will be rejected.