JohnBarnes

I am being offered the opportunity to go for a H1B visa this year by the company I work for in the UK. Last year I travelled to the US on an ESTA and did my job remotely whilst there. The company are a US one. If per chance the H1B application went all the way up to embassy interview, will the fact I did my job remotely last year in the country for 2 months come back to screw this opportunity up ?

Noorah101

Probably not, but don't volunteer that information, and don't do it again if the H1B doesn't work out. You are not legally allowed to work while in the USA as a visitor.

Rene

JohnBarnes

Thanks for letting me know, I of course would want to keep that confidential in any potential interview, however it could be difficult to cover up with any sort of questioning around why I was there so long when I was employed. No worries about doing so again, I didn’t know it wasn’t ok until a few weeks ago, it’s ok in other countries, but I wouldn’t do it again knowing what I know now.

SanDiegogirl

How long were you in the US?

JohnBarnes

It was around 65 days i believe

S Folinsky

Why do you think it might be a problem?

christmasoompa

Out of interest, if you already work for the company, why a H1B and not a L visa? Have you not worked for them for a year yet? Assuming the job isn't cap exempt, then even if you get lucky in the H1B lottery (10% chance last year IIRC), then you wouldn't be able to start until October, by which point presumably have done the year required for the L. So it might be worth asking the company if that's an option instead?

Good luck.

JohnBarnes

I will be working for the company 3 years next month. They mentioned that I wasn't suitable for an L visa as that's reserved for managerial type roles or roles where extensive industry knowledge is required. I didn't tick the boxes. So HB1 is the only one they will put me in for. I have heard the chances are slim, but it's worth a try. Hopefully if per chance I get down to the final phases my trip last year to the country won't be consequential.

postbox134

That is unusual - of course the lawyers are the experts but I've never heard of anyone in a 'professional' corporate kind of job not meet L1-B requirements. With some expert framing, basically anyone can sound indispensable to the company if they try hard enough.

Perhaps saying H1 or bust is a nice way of saying we're not that interested in relocating you.

JohnBarnes

I agree, its even been a struggle to have them put me forward for the H1B. I suppose with a 10% probability I'm worrying about nothing when it comes to my trip last year. Seems like a long shot !

SanDiegogirl

So presumably you are not a manager? Technical role.

Is it YOU asking for the transfer i.e your company did not come to you and say "we want you to work for us in the US" You'd be in a much better bargaining position if the latter.

S Folinsky

Hmm. I like the approach that Christmasoompa takes — posing a question. A big part of giving legal advice is posing questions; often questions which don’t occur to a layperson.

I’ve noted that although find relevant information, your conclusions are nowhere spot on. Your statement that H-1B is “unusual” is an example. Of course one should explore alternatives for employment based visa categories and those categories often overlap for a particular individual. But often the choices are not the best even if available.