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I have a valid Visa which is stamped but didn't go to US till now with it. My question is can I travel to US for just a week with this? My intention is just to enter US and come back before it expires so that next time when I want to work in US, I can escape from the H1B lottery system.

I have the petition valid and work for the same employer who filled the petition for me.

Augustine of Hippo
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sai kiran
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  • Do you still intend to work for the employer who filed the petition for your H1B? – Patricia Shanahan Dec 12 '18 at 13:23
  • I have the petition valid and work for the same employer who filled the petition for me. – sai kiran Dec 12 '18 at 13:28
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    The situation would be simpler if you could start work for your employer during the trip. Arriving with an H1B to start the job for which it was issued is a normal event. – Patricia Shanahan Dec 12 '18 at 13:36
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    If the employer does not intend to employ you in the United States where you will live and work you cannot use that visa to enter legally. The H1B visa is not a visitors visa. – Augustine of Hippo Dec 12 '18 at 13:47
  • Are you sure the petition is valid? Since you're not working for the employer in the US, the employer has most likely withdrawn it. – phoog Dec 12 '18 at 13:51
  • @HonoraryWorldCitizen, you completely misunderstood my question. It is not for visiting US. I was asking if I could enter US for a business trip i.e short duration of work for a week or 2 with the same employer I am working who also filled my petition. – sai kiran Dec 12 '18 at 14:00
  • @phoog Yes, it is valid. I am working for the same employer in India and they filled H1B. I didn't use it yet which would expire in 2019 May – sai kiran Dec 12 '18 at 14:03
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    If you're entering for the purpose of working in the US for your employer then I don't quite understand why you're even asking the question (which is why I assumed that you were not going to be working for your employer). If you're asking whether a short trip of the sort that would also be allowed on a B-1 visa can be done under H-1B then that's possibly a better fit for [Expatriates.SE], especially as you're interested in the consequences for future lotteries, which is off topic here. I've deleted my answer. I may edit and restore it later. – phoog Dec 12 '18 at 14:17
  • I agree with @phoog. If you plan on entering and working with the same employer, the question is pointless. – Augustine of Hippo Dec 12 '18 at 14:38
  • My question is can I travel to US for just a week with this? Under the circumstances and with the new explanation you have given, yes you can. However I also believe that entering and leaving the united states on the visa is not what makes you escape the lottery system. I believe the very fact that you were previously issued an H1B makes you cap exempt for the future and not the entering and leaving the USA. You may verify from an immigration attorney. It's been years since I was on H1 so my advice may be out of touch. – Augustine of Hippo Dec 12 '18 at 14:44
  • @HonoraryWorldCitizen An H1B visa holder who has not worked in the US and apparently has no immediate intention of doing so is a very unusual case. I don't know, for example, to what extent H1B extensions are dependent on showing the visa holder is working for the sponsor. – Patricia Shanahan Dec 12 '18 at 16:51
  • @PatriciaShanahan So far as the underlying petition has not been withdrawn, he can indeed enter the USA to work for that employer at any time. Now of course if he were explain what he is planning to do to the immigration officer i.e. just stay for a week and go with no intention to stay here and actually work with the H1B as issued, he would be returned promptly. – Augustine of Hippo Dec 12 '18 at 16:55
  • @HonoraryWorldCitizen I thought an H1B was only valid for 6 years. – Patricia Shanahan Dec 12 '18 at 17:09
  • @PatriciaShanahan Not exactly. It can keep getting extended. – Augustine of Hippo Dec 12 '18 at 17:15
  • I know it can keep getting extended in the normal case of a worker who moves to the US and works there for the sponsoring employer. There are ways of changing employer, but they seem to expect a history of work for the sponsor. – Patricia Shanahan Dec 12 '18 at 17:18

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