dablue
06-08-2009, 01:18 PM
Hi Folks,
I've got my embassy appointment this Friday and I just wanted to clarify something before hand.
I've been in talks with a fairly recent startup company (with a national US presence) in regards to bringing their products to the European market next year.
I'm going over to thrash out business plans, strategies, identifying and reporting on potential customers my partner and I have been in talks with. I know I could have completed this trip on a visa waiver BUT I wanted to get a B1 because there may be the option where my involvement becomes more formal and they may want to try and sponsor my application for a H1B. Am I right in thinking that if I am on the visa waiver, I wouldn't be able to apply for a H1B while I am in the US - I would need to come back to the UK to apply for it and go back out there? Obviously I don't relish the thought of flying half way round the world and spending another $1k if I can apply for a change of status while I am there.
I want to point out, I'm NOT being paid or employed by the company at this point, we're simply in negotiations. I am doing this and funding the trip off my own back in the hopes that I will reap the rewards down the line.
I know the VWP allows for 90 days and the B1 allows for a maximum of 180 days with the option to apply for an extension. I am self employed anyway, and luckily as my work is based online I have the benefit of being able to work from anywhere in the world with a decent internet connection. I can furnish the immigration officer with proof that I can fund this trip.
My question is regards to my length of stay... The point is I don't know precisely how long I need to stay in the country and I know that will ring massive alarm bells with immigration... I already got flagged about 8 years ago for doing 2 consecutive 90 day stays back to back... Since then I've had a J1 visa for a university exchange and (touch wood) I've not had any issues, but then again I've only gone over for 2 weeks here and 2 weeks there.
If I put down that I plan to stay for say 3 months, and assuming I am admitted, will I only be entitled to stay for 3 months on the B1 or will I be entitled to stay for 6 months as per the limit on the B1? For example if you go for a 2 week holiday on the VWP, you do have the option of extending your stay to the max of 90 days.
The bottom line is, I want to give myself as much flexibility with time (ideally 6 months) but I don't want the immigration officer to question my motives and risk not getting admitted. Obviously I respect the US immigration rules and I'm trying to do it all by the book. If the trip doesn't turn into something more concrete with employment being offered I have no hesitation that it could all be conducted on the VWP, but the company and I want to keep the option open for the change of status to a H1B.
I know the chances of securing a H1B aren't in my favour, I know it's a lottery, but at least I will have the option.
I have a letter from the company detailing all this.
If anyone can shed any light on this I'd appreciate it.
Thank you in advance
I've got my embassy appointment this Friday and I just wanted to clarify something before hand.
I've been in talks with a fairly recent startup company (with a national US presence) in regards to bringing their products to the European market next year.
I'm going over to thrash out business plans, strategies, identifying and reporting on potential customers my partner and I have been in talks with. I know I could have completed this trip on a visa waiver BUT I wanted to get a B1 because there may be the option where my involvement becomes more formal and they may want to try and sponsor my application for a H1B. Am I right in thinking that if I am on the visa waiver, I wouldn't be able to apply for a H1B while I am in the US - I would need to come back to the UK to apply for it and go back out there? Obviously I don't relish the thought of flying half way round the world and spending another $1k if I can apply for a change of status while I am there.
I want to point out, I'm NOT being paid or employed by the company at this point, we're simply in negotiations. I am doing this and funding the trip off my own back in the hopes that I will reap the rewards down the line.
I know the VWP allows for 90 days and the B1 allows for a maximum of 180 days with the option to apply for an extension. I am self employed anyway, and luckily as my work is based online I have the benefit of being able to work from anywhere in the world with a decent internet connection. I can furnish the immigration officer with proof that I can fund this trip.
My question is regards to my length of stay... The point is I don't know precisely how long I need to stay in the country and I know that will ring massive alarm bells with immigration... I already got flagged about 8 years ago for doing 2 consecutive 90 day stays back to back... Since then I've had a J1 visa for a university exchange and (touch wood) I've not had any issues, but then again I've only gone over for 2 weeks here and 2 weeks there.
If I put down that I plan to stay for say 3 months, and assuming I am admitted, will I only be entitled to stay for 3 months on the B1 or will I be entitled to stay for 6 months as per the limit on the B1? For example if you go for a 2 week holiday on the VWP, you do have the option of extending your stay to the max of 90 days.
The bottom line is, I want to give myself as much flexibility with time (ideally 6 months) but I don't want the immigration officer to question my motives and risk not getting admitted. Obviously I respect the US immigration rules and I'm trying to do it all by the book. If the trip doesn't turn into something more concrete with employment being offered I have no hesitation that it could all be conducted on the VWP, but the company and I want to keep the option open for the change of status to a H1B.
I know the chances of securing a H1B aren't in my favour, I know it's a lottery, but at least I will have the option.
I have a letter from the company detailing all this.
If anyone can shed any light on this I'd appreciate it.
Thank you in advance