H1B stamp in my country.

L

ledo1611

Registered Users (C)
I'm in the states on a B1 visa since November 2003; applied for extension of status once (still pending). now I got a job offer with H1B visa, I plan to file my H1 petition here at the INS service center, then leave the US & apply for an H1 visa stamp at the consulate in my country when the petition in approved.

now I have a concern, I know a friend who was here for about 18 months on a B1 visa (he holds a 5-year B1/B2 visa) which he got initially in order to take an exam in the US, but after he got here, he applied for extension twice, got it & stayed here for about 18 months on B1 status, then he got a training spot under J1 visa, so he returned back to his home country (which is my country) to apply for the visa. unfortunately, the consular refused his J1 application, morever, he told him that he abused his B1 visa by staying in the US for all that time & applying for extensions..etc. then he cancelled his B1/B2 visa!!

I've been here for about 9 months on a B1 status (after one extension), my visa is a one-year B1/B2 which I got to take the same exam he took, I spent these 9 months taking my exams, doing some training programs & touring in different states. I never worked.

so now will I face the same problem he faced when I apply for my H1B visa??

Thanks for the assistance.
Best regards.
 
ledo1611 said:
I'm in the states on a B1 visa since November 2003; applied for extension of status once (still pending). now I got a job offer with H1B visa, I plan to file my H1 petition here at the INS service center, then leave the US & apply for an H1 visa stamp at the consulate in my country when the petition in approved.

now I have a concern, I know a friend who was here for about 18 months on a B1 visa (he holds a 5-year B1/B2 visa) which he got initially in order to take an exam in the US, but after he got here, he applied for extension twice, got it & stayed here for about 18 months on B1 status, then he got a training spot under J1 visa, so he returned back to his home country (which is my country) to apply for the visa. unfortunately, the consular refused his J1 application, morever, he told him that he abused his B1 visa by staying in the US for all that time & applying for extensions..etc. then he cancelled his B1/B2 visa!!

I've been here for about 9 months on a B1 status (after one extension), my visa is a one-year B1/B2 which I got to take the same exam he took, I spent these 9 months taking my exams, doing some training programs & touring in different states. I never worked.
---did you have valid I-94 till date???
so now will I face the same problem he faced when I apply for my H1B visa??
-----May be questined becase you applied B1/B2 with Visitor intent and stayed for diffrent reasons, you will not know the outcome till you apply your H1 with consulate
Thanks for the assistance.
Best regards.
Click to expand...
 
I have a pending application to extend my stay, so I'm in status so far.

also regarding my long stay, I never violated any visa status by working or anything like that. I just took my exams & finished my training courses. and I have letters documenting that.
 
I was also told that H1 visa applicant isn't suppose to show that he has no intention to immigrate, because the H1 visa is a "Dual Intent" visa & it allows the visa holder to seek immigration benefits. so I believe this would mean that the consular shouldn't deny the H1 visa based on any "immigration intention" or previous visa use which suggests immigration intention.

what do you think guys?

Chris
 
ledo1611 said:
I was also told that H1 visa applicant isn't suppose to show that he has no intention to immigrate, because the H1 visa is a "Dual Intent" visa & it allows the visa holder to seek immigration benefits. so I believe this would mean that the consular shouldn't deny the H1 visa based on any "immigration intention" or previous visa use which suggests immigration intention.

what do you think guys?

Chris[

----- you are correct H, L ,O ,P, visa have DUAL Intent

the problem I see that you may be questioned is that you enterd as Visitor and when you got Visa it was Visitor intent and you did not declare to take exams in US, it was only for Visit and your intent was Visitor at that time generaly we dont find fromlems if a person changes status ( COS in US) from B to H1 after 90 days of entry.
you will know all your questions when you apply for your H1 Visa stamp and consulate has all your records with them what you fillied in form I-DS 156 at the time of Visitor visa
Click to expand...
 
the purpose I got my visitor visa for it taking an exam & I wrote this in my visa application. but I said I would stay for about a week in the US to take my exam. I already took the exam & have all the documents but I also took another exam & participated in 2 training programs which are allowed under B1. now I don't know if the consular will accuse me of "abusing" my visa by getting a job. this is what my friend was told; the consular told him he was suppose to take the exam & come back, and that he violated his visa by searching for jobs & eventually getting a training job sponsoring J1.
 
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