Need to apply for B1 but already having valid H1

sureshbob

New Member
Hi,
I have been working with a company ABC from April 2007 in India. In Oct 2007 I got my H1B visa stamped for a company XYZ of USA and is valid thru OCT 2010. I took a long vacation here in India and went to USA for the company XYZ and stayed there for 45 days. During the period of stay I got my SSN and also I got one payslip generated for two weeks. Becoz of the market slowdown I had to return back to India and joined the same company ABC in India. Now this company wants to process for B1/L1 for me, So is there any problem if I have to apply for B1 or L1 and is there any problem in the Embassy about the 45 days I spent in US on H1B while I was employed in a company ABC form April 2007?

Another question is that I want to ask the HR people of ABC if they can transfer my H1B. If So the same problem arises wherein I have stayed 45 days in US pn H1B while I have been working with a company ABC in India.

Please suggest me on this asap.
 
Your stay for 45 days on H-1B was legal and on the company that the H1 was under, so that's not a problem. If you had overstayed on a visa (or you if you were in US under a different company that the visa is under) then that may pause a problem.

Now, you are back to ABC company. Remember since you are working in India which is your country, visa is not applicable. Is only when you are coming to work for that company in US that a visa is considered. Since your current visa is pointing to XYZ, you have to change it to ABC if you are to come to US for work under ABC.
 
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