Currently i am in India.
Case : I have both b1/b2 and Unused H1B visa stamped (Stamped on September 2013), valid through October 2016.
i) For family reasons i want to travel to US on B2 tourist visa for a week during October 1st week and return back to India.
Question :- Now since i am traveling on B2 ,will my H1B stamped gets cancelled .
Will there be any problems to H1b Visa during return to US after a while.
ii) During the week on November i wish to travel on H1B .
Question :- Whats are the legal ,immigration problem which is foreseen .
I can niether push by B2 travel to november or cant travell on H1B before November because i have to serve 30 days notice with current employer.
1 Answer from Attorneys
You are not required to work for the H-1B employer if the employment opportunity is terminated. However, if you choose to enter on the H-1B, you are required to immediately start working for the H-1B petitioner.
If you plan on traveling on the B-2 in October, you might want to consider obtaining a letter from the H-1B employer first, addressing the delayed start in employment (just in case CBP questions you). You should be discussing that issue with the Attorney who filed the I-129 on behalf of the employer, though.
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