crg

The more someone "visits" the US (especially for long trips), the more there is a potential for concern about immigrant intent and denial of visas in the B, C, F,J,H2, M, Q and a few other categories. H1 and L wouldn't be impacted.

I recall someone who had a string of H2B for cleaning hotel rooms. The 4th was denied.

GEO17

I mentioned earlier regarding going from a H2B to VWP status and it looks like that can be done by a short trip out the US and back and the VWP re-entry rules i.e Mexico/Canada don't apply to that.

Trying to find out if the same applies going from VWP to H2B? For example, May-July VWP status in one state, leave US to nearby country and re-enter on H2B to begin temporary employment in another state from July onwards. H2B expires in November but I believe that he the latest date you can enter and can stay until the date your visa is stamped.

ian-mstm

Immigration is federal - you don't get "status in one state"... you get status throughout the US. The actual state is irrelevant - and when you enter the US on the H-2B in July, the CBP officer will know that you've already been in the US for 3 months in VWP status.

You're free to do what you want, but I suggest you don't try to manipulate the system to your advantage. Even with a visa, the CBP officer is not obligated to let you enter.

Ian

GEO17

Yes, but somebody mentioned that it is fine to go from H2B to VWP if you enter and re-enter.

Sorry, manipulating the system? I don't quite get your attitude. How are you in the US? Is it manipulating the system or is it abiding by immigration law to benefit yourself and what you want to do? Surely that is everyone's right without the law.

I have a H2B visa. I have an opportunity to spend May-July in the US totally unrelated to the H2B role, which happens to be in a different state and arose after the H2B was granted. What I want to do between May-July is allowed on VWP, and is essentially sport (playing related), where I will train with an academy and play games in an developmental league. I have done this before and falls within VWP as I will be receiving no payment etc. No issues here.

Finish up in July, and I then want to "activate" H2B role where I will be in a different state performing duties within H2B i.e temporary soccer coach.

I don't quite understand your attitude. I am just trying to find out the best way to do it, and as I mentioned I wouldn't exactly call it "manipulating the system", more so, abiding by the system. I am not quite sure if entering the US on VWP for two months, then re-entering on H2B would be an issue. I don't see if that would cause any re-flags. It's not "trying to game the system".

GEO17

I guess a more appropriate question or something that may work would be how soon after entering on a H2B do you need to actually start actively working for that company? The contract is signed, visa approved, however it may work for both the company and myself if a start date i.e hourly paid work starts around July anyway? Is it allowed to enter beforehand and travel or live your life without actually putting in any hours for that company until a later date? Or once entering the US, do you need to begin the duties of the H2B straight away?

Can't seem to find any info via a Google search.

crg

Here it is:
9 FAM 41.53 N8.3 Validity of H Visas (CT:VISA-2154; 07-30-2014) a. The validity of an H visa may not exceed the period of validity of a petition approved to accord H status or the period for which the alien’s authorized stay in H status was extended. If the period of reciprocity is less than the validity period of the approved petition or extension of stay, the period permitted by the reciprocity schedule must prevail. If the alien's prior visa and petition have expired, the alien is not eligible to receive a new visa until the pending petition has been approved. b. Posts are authorized to accept H visa petitions and issue visas to qualified applicants up to 90 days in advance of applicants’ beginning of employment status. Post must inform applicants verbally that they can only use the visa to apply for admission to the United States starting one week prior for H-2A beneficiaries, and ten days prior to the beginning of the approved status period for H-1B, H-2B and H-3. In addition, such visas must be annotated, “Not valid until (ten days prior to the petition validity date.)”

GEO17

Thanks CRG but that looks like or reads to me that you can travel and apply to admission 10 days before the approved status/date on the petition.

What I was after is if there are any guidelines in relation to actual working hours on the H2B or even holiday periods? Is it strictly between the employee and employer?

I guess what I am trying to find out is if you have been approved for a H2B visa, and everything is OK with the company/contract signed, can you enter on H2B (after approved status period) and whilst officially being contracted to the company, can you perform VWP eligible activities for two months before actually performing the duties of the H2B? Doesn't look like there is an issue with doing this on VWP and then entering on H2B but seeing if I need to splash out on an extra possible trans-atlantic flight or not?

crg

Coming on an H and then not working for two months doesn't sound appropriate. Why not splash out a bus trip instead of a flight?

GEO17

Thanks. Yep, why I am looking into it. I can't find too much info on it though I guess because for somebody VWP eligible with no issues it doesn't make much sense to get a H2B to then do what is required on VWP.

That's what I am trying to figure out and the best way of "activating" or moving from VWP to H2B (if I can't enter on H2B and then not working for 2 months as mentioned) without causing an issue.

My intentions/actions then would likely be as below and as far I am aware there shouldn't be an issue.

Enter US in Florida on 13th May on VWP - Reasons for entering - Take part in training/games for U23 Soccer Team - No payment/expenses etc. Goal: Develop as a player, showcase myself to higher levels.

July 20th - Fly to California where H2B youth coaching work is based. Bus trip to Tijuana and back to US. When entering, make sure entry on H2B is noted.

ian-mstm

The only risks I see are: 1) you not being allowed to enter on the VWP in the first place; and 2) you not being allowed to enter the US once you leave to enter Mexico. A visa is a travel document... not a guarantee of entry. Admittedly, the risks are small, but they do exist.

Ian

crg

Another minor risk is that the country you decide to dip your toe into before returning to the US decides not to let you in and sends you back. The UK is the only country that has to let you in. So if there is no departure, a new admission can't be granted on the H.

ian-mstm

Yes, good point!

Ian

GEO17

Thanks guys. Just wasn't sure if it's a normal, regular or routine way to change status i.e having to leave and re-enter and if asked stating that the reason for Mexico and re-entering was to change status. I guess you kind of associate going down to Mexico and back with stories of border runs or the like, and I don't want to get caught up in any of that, but I suppose there is not a form you can fill in to transition from VWP to H2B so maybe that is the only way and official way of doing it.

Can't seem to remember if I have ever been asked if I am entering on VWP at immigration once in the US on previous visits, however I guess I need to make that clear incase I get entered on H2B first. I think read somewhere (maybe in my contract) that you have 10 days after entering on H2B to get a tax number or card of some sort so maybe that's a method of making sure you are actually working on H2B.

ian-mstm

You can't change status from the VWP to anything else. There is no mechanism to do so. You must exit the US and re-enter.


You will need a Social Security number in order to get paid. Generally, you want to wait 10 days after entering on the H-2B visa so that your information gets into the SAVE system. If your info isn't in SAVE, they have to manually check your status and that could take 8 weeks or so. You aren't eligible to get a SS# if you're in the US on the VWP.

Ian

GEO17

Thanks.