jpb4674

All,

I just returned to the UK from the U.S. on Tuesday following the completion of my OPT and subsequent 60 day grace period. I was in the US since June of 2013 due to completion of studies in December of 2013 and then the OPT.

My employer will be applying for an H-2B visa this summer for me to start working on October 1st, 2015. However, I would like to return for the summer on the 90 day ETSA. I would plan on being there for around 80-85 of the days and do some traveling, visit friends and attend several weddings and a couple of bachelor parties that I have been invited to.

Would any serious flags be raised if I try to re-enter the country around the 27-29th of May? Clearly I've been in the US for an extended period of time until recently returning to Scotland. I still have US bank accounts, an apartment lease, and a car over there. I WILL NOT do any work for my employer while I'm there.

Will a return flight be enough to prove that I'm not at risk for violating any immigration laws, or would I need supplemental documents?

Many thanks,

JB

scrubbedexpat099

You must have a return ticket or at least onward travel.

OPT and H2B are an odd combination.

ian-mstm

I agree with Boiler... OPT and an H-2B visa are an odd combination (not totally unheard of... just odd), and the very specific start date of 10/1/15 is more usual for an H-1B visa.


A return flight is a must, but it doesn't prove that you're "not at risk for violating any immigration laws" insofar as it's impossible to prove a negative. Even if you needed "supplemental documents" I can't imagine that you'd have any since you don't seem to have a permanent home outside the US, a job to return to, or any other assets that might tie you to your home country. Indeed, the fact that you have "US bank accounts, an apartment lease, and a car over there" demonstrate your intent to remain in the US... which is inconsistent with you wanting to be in the US as a visitor. It's quite likely that a CBP officer will think you're trying to live in the US without an appropriate visa - and he isn't obligated to consider either your past or future intent.

Ian

snotmaster1

Do you have enough money to support yourself during this time? I imagine they would ask that.

jpb4674

Thanks. 10/1/15 is when the next years H-2B begin so that's why. They are fully allocated for the rest of this year. Having a college degree from an American university and having to go on H-2B is very frustrating since it doesn't allow me to really utilize anything I've learned but extremely worth it to stay in the country.

It sounds like I may not have the best idea. Would it be better just to see it out in Scotland until October? I definitely don't want to jeopardize anything for the future. I do have enough money to support myself for those 3 months but again, is that something that you have to present to the CBP?

scrubbedexpat099

Unlike the H1, H2b is a non immigrant visa. Seasonal as well, well for most.