Obtaining B1/B2 while H-1B petition is peding

[travele]

Hello.

I was on J1 visa in US for 18 months. My host business filed H-1B for me. But my J1 status had expired 4 months ago and I came back to my home country. We got RFE for the petition, so I believe it will take 2 more months to get a decision from USCIS on my H-1B case.

I would like to take a short trip to the United States while I have free time (probably a week). I’m not going to work during this period; it’s just visiting friends and my entertainment. I know that I can legally apply for B2 now. But I have some concerns.

What are my chances in getting B2 visa according to the fact that my H-1B is pending? Is there anything a Consular officer can worry about during the B2 interview knowing the fact that my H-1B petition is pending?
More important: can this B2 visa and short travel have any negative impact on any step of my H-1B petition processing (USCIS decision, interview with Consular officer while stamping my H-1B, entering US with H-1B)?

Thank you so much.
I appreciate your help.

 

[easteuropean]

Hello.

I was on J1 visa in US for 18 months. My host business filed H-1B for me. But my J1 status had expired 4 months ago and I came back to my home country. We got RFE for the petition, so I believe it will take 2 more months to get a decision from USCIS on my H-1B case.

I would like to take a short trip to the United States while I have free time (probably a week). I’m not going to work during this period; it’s just visiting friends and my entertainment. I know that I can legally apply for B2 now. But I have some concerns.

What are my chances in getting B2 visa according to the fact that my H-1B is pending? Is there anything a Consular officer can worry about during the B2 interview knowing the fact that my H-1B petition is pending?
More important: can this B2 visa and short travel have any negative impact on any step of my H-1B petition processing (USCIS decision, interview with Consular officer while stamping my H-1B, entering US with H-1B)?

Thank you so much.
I appreciate your help.

Traveling to the US on other visa, while the H1 is pending will not impact the H1 at all.

B visa is non-immigrant. Which means, you need to convince the visa officer that you plan to leave the U.S. after your trip - you have family and job outside of the U.S. you plan to return to. Since you have a pending H1 petition, convincing him might be harder. They may not know about your pending petition - I don't know how much they know about what's pending with USCIS. If they ask you at the interview, you'd have to tell them though. So in the worst case, you risk visa denial for the B visa, but at any rate, this won't impact your pending H1, nor your ability to get a H1 visa.