Travel on B1 while H1 Approved

[Rupesh]

Hi,

I got my H1B approval notice starting 1st Oct 2012 from my current employer. I also have B1 stamped from current employer and I am supposed to travel for just 1 week on training starting 15th Oct. As, time is less I am unable to get H1 stamped.

Can I travel on B1 for 1 week while H1 is approved.

Will there be any prob at POE due to this ?

Will there be any prob at time of H1B stamping later ?

[shandan]

if you are not going to get paid for the week you are on training then you should be ok to travel on B1, without issues,

If asked about your plans to join the job, mention clearly that your current trip does not include joining the job, and that you'll return with your H1 stamped to do so in the future,

[JoeF]

if you are not going to get paid for the week you are on training then you should be ok to travel on B1, without issues,

No, it isn't. On B1, he can not work for the US employer. And training is working.

He can of course also not get paid, but the important thing is he can not work for the H1 employer.

If asked about your plans to join the job, mention clearly that your current trip does not include joining the job

Getting training from the H1 employer means he is joining the job. That's not allowed.

It would be illegal work.

[Rupesh]

Joef,

Training is generally included in B1 and it's not seen as work.

I am not getting trained by H1 employer rather I am getting trained by Indian employer as indian employer is paying for that. Also, training is not conducted at H1 employer's office rather at the vendor site at diff location. Will that help or still there you see prob ?

Thanks for clarifying.

[chakrakr]

Training is a valid reason for B1. See this http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cf6d83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=cf6d83453d4a3210VgnVCM100000b92ca60aRCRD

Among other things, it says --"Participating in short-term training"

From your post it appears that you are working for a company which has a base branch in overseas (who will send you for training) and a sister office in US (which has sponsored your H1) .

[shandan]

The OP clearly mentions he is been asked to come for training, that does not necessarily translates in to getting hired on the training begin date.

My first employment, I was in training for 3 weeks, and my date of hire was upon successful completion of training.

I never said that he would be ok if he joins the company on B1. But on B1 you can certainly attend a training or a seminar or even appear for professional exams that leads to a future job.

[Rupesh]

Training is a valid reason for B1. See this http://www.uscis.gov...000b92ca60aRCRD

Among other things, it says --"Participating in short-term training"

From your post it appears that you are working for a company which has a base branch in overseas (who will send you for training) and a sister office in US (which has sponsored your H1) .

Shandan : I am working for an MNC having base branch in US and sister in India. Indian branch is Pvt Ltd and they are paying for the training. Due to this it could be seen as an issue ?

[chakrakr]

Shandan : I am working for an MNC having base branch in US and sister in India. Indian branch is Pvt Ltd and they are paying for the training. Due to this it could be seen as an issue ?

You should not have any issue. The Indian company is paying for training and US company has sponsored your H1.

[shandan]

There is nothing wrong in companies to pay for the training, but what you need to make sure with your HR in India and the future employer in US, that your training does not consititute beginning of employment with the US firm while you are in training. Your employement with the US firm should only start once you are in US on your H1B visa.

[Rupesh]

There is nothing wrong in companies to pay for the training, but what you need to make sure with your HR in India and the future employer in US, that your training does not consititute beginning of employment with the US firm while you are in training. Your employement with the US firm should only start once you are in US on your H1B visa.

This is already being taken care. I will be on Indian payroll till I move to US on H1. There are no questions about that as my employer does not pay any salary on B1. All expenses are paid on actuals only on B1.