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Posted on 30 Mar 2010
Q.

Travel to the US on B-1 while H-1b petition pending

Hello,

I am currently living and working for Employer A in Europe.

I have an immigrant petition pending from my former employer, Employer B. I worked for this employer until 2006, until I moved to Europe.

The immigrant petition is at the NVC, as it is going through Consular Processing. Employer B is now sponsoring me for a new H-1b starting October 1, 2010.

I have a B1/B2 visa. I have used this visa to travel to the US as a tourist and have never had any problems or questions at the port of entry (even though I expressed immigrant intent).

My question is - Would the fact that I have a pending I-129 at the USCIS impact in any way a 4-day trip to the US in August this year? I would then return to the US to work on an H-1b as of October 1st.

User's Location: Germany
Category: B1 Visa (Business Visa)
Posted on 30 Mar 2010
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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