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

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


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