If my H1B is pending, can I leave the US and return by applying for visitor visa (B)?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my H1B is pending, can I leave the US and return by applying for visitor visa (B)?

My employer filed H1B for me but it is pending. My OPT is expired and I do not have intention to work before my H1B is approved. Can I leave the US to attend a conference and return by applying for visitor visa (B) for a short term visit?

Asked on August 9, 2012 under Immigration Law, Washington

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can try but if the H-1B is approved in the interim and it was filed as change of status, you will still need to go back to your home country to get a H-1B visa.  It is also somewhat unlikely that you will be granted a B-1 visa when it is seen in the computer that you have a pending H-1B visa petition.  Even if you already have a B-1 visa in your passport, you may still be denied entry at the port of entry because of the pending H-1B visa petition.  You do know, do you not, that if your OPT has expired, you have an additional period of time of 60 days, which is the grace period.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption