From: Narbel, Nicolas < >
Date: Tue, 17 Jul 2001 16:58:53 -0500
X-Mailer: Internet Mail Service (5.5.2653.19)

I have just confirmed with one of my colleagues (who is an immigration
attorney) that an individual who has filed an H-1B visa petition may visit
the United States on short business or tourist trips while the visa petition
is in process. Actually, this happens frequently. As long as you have the
proper intent to return abroad upon each visit to the United States, you may
certainly visit the U.S. while your H-1B petition is pending.

Nicolas Narbel
nnarbel_at_oppenheimer.com
 
OPPENHEIMER WOLFF & DONNELLY LLP
840 Newport Center Drive
Newport Beach, California 92660
Tel:  949-823- 6061
Fax: 949-823-6100
www.oppenheimer.com

-----Original Message-----
From: Bela Ban [mailto:bela_at_nms.fnc.fujitsu.com]
Sent: Sunday, July 15, 2001 2:49 PM
To: swiss-list_at_swiss-list.com
Subject: Re: swiss-list: H1 visa process and European printers

> > - Admitting the filing process is launched, am I allowed to enter the US
in
> > the MEANTIME as a tourist, not to work, but just to visit some friends
in the
> > US? I would then of course leave the US as a tourist again before
re-entering
> > on a H1 visa.
>
> Nope. But you can come to the US first, and then file for the H-1B while
> you're in the US. Then you don't even need to get out of the country
> until the H-1B is approved. You have to make sure that you're filing as
> being already in the US though. I would consult with your immigration
> attorney to confirm all this of course.

Be very cautious applying for an H1B while in the US on a tourist visa: I
have
heard from several sides that this is considered visa fraud and may get you
into
trouble once you apply for a green card. Your best bet is - as Erik
mentioned - to
consult an immigration attorney. The laws change frequently and some advice
posted
on this site (e.g. in the FAQs) may be outdated.
Good luck,

--
Bela Ban
Network Management Systems
Fujitsu Network Communications
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