My H1B extension is currently pending. If it is denied, can I leave and then come on my B-1/B-2 visa stamp?

Answer

One potentially could travel and reenter on another valid visa “stamp.” However, there are some complex legal issues here, if one has become unlawfully present based on the extension denial (i.e. potential automatic revocation of the visa stamp). Further, the U.S. Customs and Border Protection (CBP) officers at the port of entry have the discretion to deny admission to B-1/B-2 visitors. If a person has been in the U.S. recently, for an extended period in H1B status, this could increase the risk of that individual being denied admission in B-1/B-2. (30.Jul.2018)

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