H1B Validity

D

dj_panchal

New Member
Hi All,

I have B1 10 yr M entry. I got H1b stamped also from one consultant. Currently I am in USA on B1 for 2 months. When I entered on USA port on B1 immigration officer didn't ask me about my H1B. How can I check my H1b is still valid or not?

Your feedback is highly appreciated

thanks,
 
Hi,

No, My company has not revoked my h1b.

I heard that if you have h1b and you enterd in to USA on B1 then your h1b is automatically canclled. Is it true?
But in my case at the port of entry immigration officer had not ask about my H1b.

Please advice.

Thanks,
DJ
 
dj_panchal said:
Hi,

No, My company has not revoked my h1b.

I heard that if you have h1b and you enterd in to USA on B1 then your h1b is automatically canclled. Is it true?
But in my case at the port of entry immigration officer had not ask about my H1b.
Click to expand...

There is slight misunderstanding on "status". One's status is determined by what visa they use when they enter the US. If you enter the US with B visa, your status with that entry is based on B, if you enter the US with H visa, your status with that entry is based on H. What you said "I heard that if you have h1b and you eneter in to the US on B1....." is true for status for that given entry. But H1 validity is different thing. Unless your employer cancelled H1B, your H1B is still alive.
This does not mean you can work with H1 when you enter the US with B. You eed to change your status to H1 in the US or you need to enter the US with H1 to work for H1 company.
 
The latest visa stamp, which in your case seems to be B1, overrides all other previous visa categories. All previously issued visas are automatically invalidated.

About your H1B, since you have entered the US on B1...you are deemed to be in B1 status with its expiry based on the date written by the POE inspector on your I-94. It does not matter that you have 10 year multiple entry visa. What matters is the date on your I-94 (white paper stapled to your passport). Do not confuse visa with status.
 
As far as I understand, new visa stamp does not invalidate old but still valid visa stamp. If consulate needs to invalidate it, they put "Cancelled without prejudice" stamp on it. It is the case when consulate notice thre is a mistake on visa, or there are duplicated visas which are the same type of visas on passport. B and H are totally dfferent type of visa which should not be cancelled.
 
You must log in or register to reply here.
Top