Travelling to US on VWP while H1B is pending
#1
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Joined: Apr 2012
Posts: 1
Travelling to US on VWP while H1B is pending
Hi guys, I've spent quite a bit of time reading the posts on here but this is my first thread.
I've been offered a sponsored job starting in October with the H1B being applied for right now. I'm wanting to head over to the US completely as a tourist in May for a couple of months on the visa waiver program. I'll be conducting absolutely no work whatsoever whilst there, just travelling and seeing the sights.
The company that is applying for the H1B for me seem to think that travelling to the US at all while the visa application is in process will affect the application . Does anybody know if this is true? Does anyone have experience travelling to the US while they have a H1B processing?
Thank you very much in advance, I really appreciate it.
I've been offered a sponsored job starting in October with the H1B being applied for right now. I'm wanting to head over to the US completely as a tourist in May for a couple of months on the visa waiver program. I'll be conducting absolutely no work whatsoever whilst there, just travelling and seeing the sights.
The company that is applying for the H1B for me seem to think that travelling to the US at all while the visa application is in process will affect the application . Does anybody know if this is true? Does anyone have experience travelling to the US while they have a H1B processing?
Thank you very much in advance, I really appreciate it.
#2
Re: Travelling to US on VWP while H1B is pending
It does not affect it at all. My OH traveled to the US whilst his H1B was pending and after it was approved and before he went over to start working.
#3
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Travelling to US on VWP while H1B is pending
Does anybody know if this is true?
Does anyone have experience travelling to the US while they have a H1B processing?
Ian
#4
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Joined: Nov 2012
Posts: 4
Re: Travelling to US on VWP while H1B is pending
Good info! thanks
#5
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Joined: Mar 2013
Posts: 1
Re: Travelling to US on VWP while H1B is pending
I have read the whole thread and find myself in a similar situation. My British GF has been given a Job in the states so I visit on a regular basis on the VWP. Completely separately (and from a mate in the UK) I have been offered a job there and they are applying for a H1B.....
This will mean I will not be able to work until Oct (if approved) although my job in the UK ends soon. I would like to visit, spend time with, my GF (for long periods) I wont be doing anything work related and will return to the UK periodically, I don't think I would be breaking any rules but does anyone think this would be an issue at boarder control or with Visa application?
This will mean I will not be able to work until Oct (if approved) although my job in the UK ends soon. I would like to visit, spend time with, my GF (for long periods) I wont be doing anything work related and will return to the UK periodically, I don't think I would be breaking any rules but does anyone think this would be an issue at boarder control or with Visa application?
#6
Re: Travelling to US on VWP while H1B is pending
I have read the whole thread and find myself in a similar situation. My British GF has been given a Job in the states so I visit on a regular basis on the VWP. Completely separately (and from a mate in the UK) I have been offered a job there and they are applying for a H1B.....
This will mean I will not be able to work until Oct (if approved) although my job in the UK ends soon. I would like to visit, spend time with, my GF (for long periods) I wont be doing anything work related and will return to the UK periodically, I don't think I would be breaking any rules but does anyone think this would be an issue at boarder control or with Visa application?
This will mean I will not be able to work until Oct (if approved) although my job in the UK ends soon. I would like to visit, spend time with, my GF (for long periods) I wont be doing anything work related and will return to the UK periodically, I don't think I would be breaking any rules but does anyone think this would be an issue at boarder control or with Visa application?
#7
Re: Travelling to US on VWP while H1B is pending
The longest period you can visit is 90 days at a time.
I'm not sure what you mean by "will return to the UK periodically", as you'll have to return to the UK before each 90-day visit is up. Making back to back trips is not a good idea, it can get you turned away at the POE for trying to live in the USA as a visitor. Best rule of thumb is to spend more time outside the USA than you were just inside...so if you visit the USA for 88 days, stay out 90+ days before attempting another VWP visit.
Rene
I wont be doing anything work related and will return to the UK periodically, I don't think I would be breaking any rules but does anyone think this would be an issue at boarder control or with Visa application?
Rene
#9
Re: Travelling to US on VWP while H1B is pending
It's not an issue, CBP as far as I can tell are not aware of pending petitions unless they actually go looking for them in their system.
It's a question I've asked CBP on more than one occasion, and they never give me a straight answer for "security reasons". I know they can look them up but I'm not sure if it automatically appears when the I-797 confirming the status has been issued. But pending petitions don't seem to show up unless they look for them in the USCIS database.
Anyway whenever you visit the US the trick is non-immigrant intent but H-1B is dual-intent so no idea why they would care.
It's a question I've asked CBP on more than one occasion, and they never give me a straight answer for "security reasons". I know they can look them up but I'm not sure if it automatically appears when the I-797 confirming the status has been issued. But pending petitions don't seem to show up unless they look for them in the USCIS database.
Anyway whenever you visit the US the trick is non-immigrant intent but H-1B is dual-intent so no idea why they would care.