Im currently in the 4th yr of my 10 yr multiple entry B1- visa here in US my employer filed my H1B visa petition and i got my receipt number dated May 24, 2012 they advise me to go back to my country before my visa expires on Aug 22, 2012 i get a ticket dated August 16, 2012 to fly back to my country…they advise me to do so because they say thats the safest thing to do so I will not overstay while waiting for my H1B approval but what if my H1B gets approved before my return to my country…can I stay in US and push through with the process here? or I am still required to return to my country for stamping? This worries me because they say its not a guarantee that everyone will get an approval for H1B-visa my concern is that what if I didnt get approval and Im already in my country will they cancel my B1 visa to travel back to US because i applied for H1B while in US under my B1 or they will only cancel it only after my H1B is approved? Or I can have both visa in case?
As far as I know, USCIS will not cancel B1 VISA as its a non-petition based VISA which was not approved by USCIS but your home country consulate. When you go for H1B VISA stamping at the consulate, the VO might cancel your B1 without prejudice. As suggested by your employer, its safer to be back home so that USCIS won't question your intention of extended stay in the US on B1 VISA. Thanks, Sujith
I went for H1 stamping this time where I ended up getting a 221g. I had a previous L1B stamping which was “Cancelled without Prejudice”. But, they left the 10 year multiple entry B1/B2 untouched.
But, all I would like to suggest is, approach @ ur own risk. I was lucky not to have that cancelled … So, please make a conscious decision before to intend to take this risk !!
But again, as Saurabh has time and again said, its not a good thing to make a COS while on B1 to H1. You will be blackmarked and may pose a problem in future !! Its always better to come back to get a H1 stamping and make a fresh new start !! Good Luck !! (Just my thoughts, not forcing anything on you)