While H1B extension in progress, can one fly on B1.

Hi Saurabh,

My husband's H1B visa is valid till 12th Feb. 2013. He had to fly in Nov.
12 but couldn't due to some constraints. Now his employer has plans to file
extension under premium processing and the LCA has been posted already from India.
1. While his extension is in progress, can he fly to US in the first week
of Feb. on existing H1B?
2. If yes, what are the risks involved as the visa expiry date would be
too close.
3. Also a new module has to be added for the same project. For the meetings and  client discussions, he needs to fly urgently to US for around a month. Can he do so on his existing B1, which is valid for few years? Will this pose any problem as his H1B will also be under premium processing for the same project.
4. If yes, once he returns on B1, after how long can he go for the H1B Visa interview? 

Thanks in advance

  1. Yes, he can fly if the employer is ready to start the employment once he reaches US, and is also ready to file the extension in a timely manner.

  2. He may be questioned at PoE about it. If the employer is ready to file the extension soon after he reaches there, then he can explain the same to the PoE officer.

  3. If the need warrants a B-1 visa, then he can travel on existing B-1 visa

  4. There is no wait time. He can look for next available dates and go for the interview. But he will still have to wait for his H-1 extension to get approved before appearing for stamping.