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How to apply for the B1 in lieu of the H1B

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  • How to apply for the B1 in lieu of the H1B

    With the difficulties and quota of H1B, sometimes companies need their employees to be in the USA faster than waiting on the H1B. To this end, the B1 in lieu of the H1B has been introduced. This is what you require to apply for it:
    Individuals may apply for a B1 or B1/B2 visa to perform H-1B work in the United States as long as they fulfill the following criteria:
    • Hold the equivalent of a U.S. bachelor's degree
    • Plan to perform H-1B-caliber work or training
    • Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    • The task can be accomplished in a short period of time.

    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.
    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.
    When seeking a visa for this purpose, please clearly explain this in the applicant's BEP cover letter. Please note that if an applicant has a valid B1/B2 visa it will be cancelled without prejudice if a B1 in Lieu of H is issued.
    Upon arrival at U.S. border entry posts, applicants should be prepared to explain completely their purpose of travel and source of pay. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler's duties, length of stay and remuneration plans.
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

    For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - and
    Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on
    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

  • #2
    How do we apply for that? My brother missed the H1B, can he use this?


    • #3
      I have always thought, you could not work on B1 visa? Is it a special visa, interesting to know!


      • #4
        how about H4 can we shift to this?


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