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samratkokula

India visit during h1 processing

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Hi All,


 


I have a job in India and my company has branches both in India and US. As part of my job, I have to travel to US once every 2 months with my B1/B2 visa. My company is planning to apply H1 for me this year. I was told that during H1 processing (April 1st to Oct 1st), I am not allowed to go to India and come back to US. Can someone please clarify this. During my H1 processing does my B1/B2 still be valid to travel between India and US?


 


Thanks in advance.


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If your H1B is filed as a "change of status" (i.e. it's filed while you are in the United States), you are not allowed to travel until it is approved. Travel while it is pending is an automatic withdrawal of the "change of status" request, meaning that the H1B will be approved for "consular processing" only.

 

If your H1B is filed for consular processing while you are still in India, there is no reason that you cannot continue to travel to the US on your B1/B2 if you have a valid reason. You will still, of course, have to return to India for your H1B visa "stamp".

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