Legal Question in Immigration Law in California

Hi ,

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.

Asked on 9/15/13, 8:18 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law
0 users found helpful
0 attorneys agreed

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.

Read more
Answered on 9/16/13, 10:52 am

Related Questions & Answers

More Immigration Law questions and answers in California

Looking for something else?

Get Free Legal Advice

88403 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Charles AspinwallCharles S. Aspinwall, J.D., LLCLos Lunas, NM
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now