Sacramento, CA asked in Immigration Law for California

Q: Can I have h1b and r1 visas at the same time.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: No, you cannot hold H1B and R1 visas at the same time. The US immigration law does not allow concurrent visas in these two categories.

The H1B visa is an employment-based visa that allows US employers to temporarily employ foreign workers in speciality occupations.

The R1 visa is a temporary religious worker visa for those entering the United States solely for the purpose of carrying on the activities of a religious worker.

So while both are temporary worker visas, they serve different and distinct purposes.

If an individual qualifies for both visas and intends to work in the US, he/she would need to decide which visa is most aligned with the purpose of their stay and apply for that visa only.

Once in the US, the terms, conditions and authorized stay period allowed under each visa differs. So one cannot hold both simultaneously or switch between the two while within the US.

The only option to change immigration status would be to depart the US after the initial visa expires, apply for the other visa at a US consulate abroad and then re-enter the US on the new visa.

I hope this helps explain why concurrent H1B and R1 visas are not allowed!

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