A U.S. based company filed for my H-1B and luckily I got it in 2008 and have been working for them until I came back home to Thailand in August 2009 due to family urgency. I went to The U.S. Embassy in Thailand to get my H-1B stamping done, since then, I have been waiting for almost 5 months without knowing when I will hear back the decision.
I do not care much about losing my H-1B anymore, but I would like to go back to The U.S. to take care of things that I have left there.

My question is: Can I apply for a tourist visa, B-2 while the H-1B case is still processing. What are my choices and I will be truly appreciated if you could please explain my choices in details.

Thank you very much,

Ben

The chance to get B-1/B-2 is slim. What you should do is contact US consulate and follow up on your H-1B, because in Thailand, it usually takes about a month, no longer than this. Good luck.

Thanks for your reply.

I actually have been contacting them many times, but their responses for the last 4 months were "We are actively processing your case".
What should be my next action?

If you are going back to work, you'll have to wait.. but if you are no longer interested in the job, then you can withdraw your H-1B application... and apply for B-1/B-2 later.

Have you discussed this visa issue with your employer? Most of the time, the delay is caused by employer... either they withdraw the visa or the consulate find the business a proxy not a legitimate business.

Thanks again.

How do I withdraw my H-1 application?
Also, when is the right time to apply for a tourist visa?

I believe the reason it's taking very long to process my application is due to my employer because they questioned a lot about the details of my employer's business.
Do I need to notify my employer before I withdraw my H-1B application?

Yes, you need to discuss this issue with your employer first, then it's up to both of you that who will be the one to submit withdrawal. If your employer will do it, you ask for a copy... you will need to have this when you apply for B-1/B-2.

I just browsed your website. Are you Thai and currently in Thailand? I'm actually looking for a local lawyer in Bangkok to sort this issue out asap.

I am in California, yes, I'm a Thai.

Can I submit a withdrawal request to the U.S. Embassy in Thailand without reporting to my employer? If so, what are the procedures?