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Bajarang16

Can I apply for B1 while H1 is in administraticeprocess

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Hi All,

 

My H1B peition got approved in 2013 sept in india from Company A.I went for an interview in Nov 1st 2013 in chennai consulate  VO not requested for additional docs.they took all my docs (I797,I129,LCA,client letter,Client and employer agreemnet)they gave 221(g) blue form till now there is no updates form them.

 

I have got another offer from compay B.They are ready to process B1 for me.In this case can I go a head apply for B1 while h1b is in adminstrative process?

 

is employer is required to withdraw my current H1B? what would be correct way to proceed.

 

Please let me know?

 

Thanks,

Bajarang

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Hi All,

 

My H1B peition got approved in 2013 sept in india from Company A.I went for an interview in Nov 1st 2013 in chennai consulate  VO not requested for additional docs.they took all my docs (I797,I129,LCA,client letter,Client and employer agreemnet)they gave 221(g) blue form till now there is no updates form them.

 

I have got another offer from compay B.They are ready to process B1 for me.In this case can I go a head apply for B1 while h1b is in adminstrative process?

 

is employer is required to withdraw my current H1B? what would be correct way to proceed.

 

Please let me know?

 

Thanks,

Bajarang

Ask employer B to process H1B and not B1.

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Hi Jairichi,

 

Thanks for your reply.

 

I have not travelled to US till now in that can ask them to transfer my existing H1 or new one.If H1 transfer is possible can i ask my employer to withdraw?Please let me know on this

 

Because the company which is sponsoring B1 they told H1 Transfer is not possilbe.

 

Please let me know ur thoughts on this?

 

Thanks,

Sowjanya

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Hi Jairichi,

 

Thanks for your reply.

 

I have not travelled to US till now in that can ask them to transfer my existing H1 or new one.If H1 transfer is possible can i ask my employer to withdraw?Please let me know on this

 

Because the company which is sponsoring B1 they told H1 Transfer is not possilbe.

 

Please let me know ur thoughts on this?

 

Thanks,

Sowjanya

An employer can file a cap exempt H1B petition (which you call transfer) even when you have not traveled to US, as long as you are counted against cap once. Activities done on B1 is completely different from work done on H1B. On B1 you can enter US to attend meetings, give interviews etc but not regular employment. Stay away from employer who insists to enter on B1 to work and later to move to H1B.

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Hi Jairichi,

 

Thanks alot for your reply.

 

Just need one more clarification.If another files cap exempted petition is my previous employer need to with draw my currecmt h1 because mine was still under admin processing.

 

Thanks,

Bajarang

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Hi Jairichi,

 

Thanks alot for your reply.

 

Just need one more clarification.If another files cap exempted petition is my previous employer need to with draw my currecmt h1 because mine was still under admin processing.

 

Thanks,

Bajarang

For filing a cap exempt H1B petition there is no need to withdraw the current visa application pending at US consulate. After H1B petition approval you could approach US consulate for H1B visa with new employer's documents. At that time there is a possibility that VO would ask you to withdraw old H1B visa application. There are times where VO would ask you to withdraw old H1B visa application after approval of new H1B visa application.

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