Approved H1 in hand. Old B2 cancelled?

fish4all

Registered Users (C)
Someone Please help!

I entered US in Mar 06 on B2 and changed my status to H1b after 5 mths without any issues. I have a new, valid I-94 now but haven't got the visa in passport stamped yet.
I have been in US since 2000 on F2, H1 etc. Presently this is my 2nd H1b.
My question is this: I want to quit this job and return to my country in about 3 mths. And I would like to visit US later on the B2 I had earlier.


1. Did my B2 get cancelled if I had a COS from B2 to H1, while staying in US, not leaving the country? (I got 10 years valid B2 from Dubai. Valid 2006 -2016)

2. Can I enter US later on B2 which was valid for 10 years? Is it considered valid or not?

3. What are the other ways to visit US later? Another B2?


Any kind of help will be appreciated. Great Guru n GotPR, I would love to hear from helpful ppl like you!
Thanks!
 
1) Unless you overstayed B visa or consulate puts cancellation stamp on it, your B visa is still valid.
2) yes.
 
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Thanks GotPR for your input!

I got my H1b approved within 5 months after I landed on B2. I have a valid I-94 on H1b now. My I-94 was valid for 6 months but my COS was all done in 5 mths. I had also applied for B2 extn. (just in case) which was approved too, but did not need it anyhow. Now, I haven't done H1 stamping yet 'coz I did not exit the country, so there is no B2 cancellation stamp.

1. My question again, that when my COS took place from B2 to H1b in US, does it mean B2 is cancelled in US INS system?

2. What if I want to enter on the same B2 later and forfeit this H1b (which is never stamped)?

3. What happens in US consulate system in Dubai, where I got my 10 years B2, on which I arrived here?


Please clear my doubts. Any kind of help is always welcome.
 
fish4all said:
1. My question again, that when my COS took place from B2 to H1b in US, does it mean B2 is cancelled in US INS system?

2. What if I want to enter on the same B2 later and forfeit this H1b (which is never stamped)?

3. What happens in US consulate system in Dubai, where I got my 10 years B2, on which I arrived here?
.

1. Your B status got cancelled in this perticular stay as COS was done. It does not mean visa got cancelled.
2. If B visa stamp is valid(not cancelled), you can use it to enter anytime.
3. My best guess is your B visa stamp will be cancelled when you obtain H1 stamp.
That is commonly procedure at consulate.
I'm not sure COS was informed to consulate, but it should not matter.
 
Thanks PR.

I'm confused as to what you said, that when COS was done from H1b to B2, B2 status got cancelled. But visa remains intact. Is it?

Ok, this is the scene now. I'm planning to quit this job and leave US and not get H1 stamping done back home. I will leave US in 2 mths, my employer will cancel my H1 and so forth.

1. So what happens to B2?
2. Can I enter anytime in future on this B2 or is it revoked in system when I changed my status? B2 is not cancelled in passport coz I never travelled out to stamp.
3. I just want to know if my B2 is valid to travel in future or not?
4. How is it cancelled in consulate unless I dont go there?
5. Can they cancel in Dubai system if they are informed my COS in US?


What is your best bet in such a situation? I'm going back to Dubai in 2 months but I def. want to visit US in future on B2 which I already have in passport. Please help!
 
B2 is valid so that you can use it anytime.
B2 won't be cancelled unless consulate did it or you overstay on that visa.
 
Thanks GotPR.

Actually, this is what happened.
I entered US on B2 on Mar 25th 06. Got 6 months valid I-94 (Mar 25th-Sep 25th). Applied for H1b in July 06 through premium and got it approved in a weeks time.

Since my H1 started from Oct 1st 06. So I applied for B2 Extn for 5 days in Sep, so that I wouldn't go out of status (incase H1 didn't come through). That was approved too. So, basically my COS took place from Oct 06 onwards. I did not exit the country at all. Now I want to quit this job & go back. I will not get this H1 stamping back home becoz I don't intend coming back on this job.

Once again, I ask. Can I visit US on B2 that I held earlier? Does it matter that my COS took place in US? I did not overstay but yes, COS happened. Does that affect anywhere?
I think this should give you a clear picture to help me once again with my query. Thanks again.
 
Did your B2 extesion get approved only for 5 days ? If that is the case, it's rather more complicated.
In general, last action counts and the last action in this case is B2 extension approval, but if extension is only for 5 days, well,,, I believe H1 COS is still valid as B2 extension ends one days before H1 kicks in, but I'm not 100% sure. I think B2 validity depends on it, because if H1 COS was not valid, you are considered overstayed on B visa which voids B stamp.
I think if you'd like to come back to the US in the near future, you had better consult with lawyer on this regard.
 
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Thanks Got PR once again.

Yes, my B2 Extn. was valid from 9/26 - 9/30. H1 kicked in from Oct 1 onwards. I guess my Co. lawyer must have applied Extn. just for those 5 days coz I had H1b approval in hand, to start from Oct 1. I did not overstay on B2. Once B2 validity was over, I had extn. and also I had received H1b approval much before time but it began from Oct 1st only.
Does that help?

I don't want to consult the Co. lawyer coz my employer will know I'm quitting job after 3 mths. But yes, I may consult another lawyer if you suggest.
Thank you for your input.
 
I have the same question I came to US on B-1/ B-2(five year multiple) and got 6 month entry which was to expire on 15 april but a University applied H-1B for me that was approved in July and I started my Job....now is my B-1/B-2 visa valid?
 
Entered US - 25th Mar 06 on B2. I-94 validity until 25th Sep 06.
Applied for H1B - July 10th 06. Was approved on July 17th 06 under premium.
Applied for B2 Extn on Sep 18th, Recieved notice on Nov 6 about approval valid from 9/26 - 9/30
H1 started from 10/1/06, valid for 3 years.

Does this info help?
Thanks for all your help GotPR.
 
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