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James/ ------------------------------------------------ My…

For Judith/James/***** ***** ------------------------------------------------ Greetings,My friend who...
For Judith/James/***** *****
------------------------------------------------
Greetings,My friend who has H1B VISA stamped and is visiting hometown in her country is actually employed with US company and on leave without pay to take care some of his personal issues.He has to come to USA for 2 weeks for a training program on B1/B2.Question. Is there any issue at the PoE to arrive on B1 visa while he is still employed with USA company and on leave without pay.
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Answered in 5 hours by:
3/12/2018
Edward Young
Category: Immigration Law
Satisfied Customers: 569
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a few minutes to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Yes, you can use the B1 visa for training and then timely depart. You will have your round-trip ticket as proof. You may experience some added questions because of your H-1B visa. If you have a document that confirms registration for training, bring that along too. Also, you need to be extra careful if your H ‘ employer’ is a ‘ job shop' that will be placing you at a client job site. Those employers are now getting extra scrutiny under Pres. Trump’s new policies.

If you have proof that you are attending a legitimate training program, you should be fine.

I hope this helps. Please go ahead and rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 5 months ago
If you have a document that confirms registration for training, bring that along too.
>> My friend has temporarily joined a new company in his country and going to a short training of 2 weeks in USA. He has all the documents needed as below.
-Business class return flight.
-All 2 weeks hotel stay arrangenents proof.
-Training Program Agenda.
-Signed Invitation letter for the 2 weeks training from the Director level personnal.
Also, you need to be extra careful if your H ‘ employer’ is a ‘ job shop' that will be placing you at a client job site. Those employers are now getting extra scrutiny under Pres.
>> No my friend is not employed by a job shop on H1 but a product management company which is in business for last 20 years.Please answer very carefully Edward. This question is very important and I am going to give an added bonus on top of this. Please evaluate every possible risk in this Business Travel because if the risk of deporting is high, my friend will just not enter to USA on Business visit.
Customer reply replied 5 months ago
After my latest answer please asses any potential risk in this business travel. Please give some extra time as I am going to give a very strong bonus based on the evaluated answer with discussing any risk and the the loss involved with it. I hope you are understanding it.

As I understand your question, right now your friend is not in the US but visiting in his home country to take care of some personal matters. He wants to come to the US to undergo two weeks of training. You want to know whether he should enter under a B1/B2 visitor’s visa even though his passport shows H-1B stamp.

Under this scenario, it is fine to get a B1/B2 visa for the training visit. I do not understand the concern about deportation because he will not be working and he will only be there for two weeks.

Other experts have provided similar answers. See https://www.immihelp.com/forum/showthread.php/110718-Can-I-have-H1B-and-B1-B2-at-the-same-time; https://www.immihelp.com/forum/showthread.php/200990-Travelling-on-B1-B2-while-having-valid-H1B-visa

Please go ahead and rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 5 months ago
As I understand your question, right now your friend is not in the US but visiting in his home country to take care of some personal matters. He wants to come to the US to undergo two weeks of training. You want to know whether he should enter under a B1/B2 visitor’s visa even though his passport shows H-1B stamp.
>>Correct. However one more info that he is still associated with the H1B employer and is on leave without pay.He is actively working with Indian company and the Indian company is sending him to USA for 2 weeks training on B1/B2.Does this make any difference in your answer or it's still remains same.

My answer is still the same.

Please rate me.

Edward Young
Category: Immigration Law
Satisfied Customers: 569
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified
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