Can I go to US on B1 visa during 1yr cooling period?

[oibmuser]

Hello experts,

I am in a dilemma and need your advice. Here are my questions:

* I used 5 yrs and 3 months of my previous H1 visa and came back to India in April 2012. It was sponsored by my first employer, say A. After coming to India I joined a new employer, say B. My intention was to stay outside of US for 1 year, the cooling period (till April 2013) and then again apply for fresh H1 thru my new employer B. I assume that doing so would make me eligible for new H1 visa valid for 6 years thru employer B. Is my assumption correct? I don't know if first employer A cancelled my H1 when I quit their company. It was valid till Jan-2013. I have no intention to join back employer A to go to USA. Employer B is ok to file H1 in April 2013.

* Due to an urgent business need, my new employer B is forcing me to go to USA for a short period of 2-3 weeks. They want to apply my B1 visa this month (September 2012). If I allow employer B to process B1 visa, will it hamper my plans to get new 6yr valid H1 thru employer B? When they talk about 1 year cooling period, do they mean not entering USA on any kind of visa?

Please advise.

Thank you so much!

OIBM User

[DontWorryBeHappy]

Your assumption is correct. With new petition you are entitled to get fresh 6 years. It doesn't matter whether your employer A revoked previous H1-B or not, since your new employer B is filing a brand new petition which is counted against cap.

The 1 year period need not be continuous. It can be in installments. Your 1 year clock pauses when you go to US on B1 and it resumes when you come back, as simple as that.

But I suspect they may deny your B1 visa with "potential immigrant" as reason since you already worked on H1-B earlier. B1 is a single intent visa and H1 is a dual intent visa which allows you to work and settle in US.

[oibmuser]

Thank you "DontWorryBeHappy". Your answer is short and to-the-point. Appreciate it.