GEO17

Hi all,

I've managed to get a last minute appointment in London tomorrow for a H2B visa for a seasonal soccer coach position in the States from (visa pending) whenever I get there i.e sometime time in the next few weeks until November.

The company have basically detailed that the interview is just a formality, however I now that's not the case. I am just double checking that I have everything prepared. This is what I am taking tommorow - Be good to hear your thoughts on if you think I have everything I need -

One 2x2cm Passport Photo - (I'll be getting this from the pharmacy near the Embassy tomorrow morning)

Passport

DS-160 Receipt/Barcode

I have been sent a I-797B Notice of Action with the I129 Petition, which I believe I also need to take. This doesn't have my name listed, but it does list 25 unnamed workers, which I am now part of. I don't know how this works and whether my name would have to be put through the other end, because it seems like if anyone could get hold of this paper, they could attempt to get a visa.

A copy of my contract from the company.

I believe that's everything. At my age, no real ties or proof to show apart from a car that I own. I don't have a job to return to because the role is until November, from them I will re-assess whether I head back out to the US or remain in UK. I have good US history i.e entering and leaving on time, previously been granted a one time entry B2 visa, so just want to make sure I have everything I need.

scrubbedexpat099

Why did you need a B?

GEO17

Didn't really think it through/know better at the time and it was touch and go but I got a B2 to stay for four months, visit colleges/universities (have coaches come see me play) whilst playing in a developmental U23 soccer league as an amateur.

In addition to the above i.e have I got everything covered re visa interview, I would be glad to hear any advice on my contract in regards to typical US employment law/rules or general practice. One of the first things I checked was the resignation/notice period for resigning or leaving and there was nothing in the contract what so ever. The only thing in regards to termination or wanting to quit was something along the lines of handing back uniform/equipment when the employment ceases.

tbm

In addition to the DS-160 receipt, you also have to take a printout of the appointment confirmation with you. It also has a barcode on it.

GEO17

Thanks.

GEO17

Done and dusted. Everything went smoothly today. Very long wait inside the embassy however interview only lasted about a minute, very few questions and was told I was "good to go".

Possible speed bump and opportunity elsewhere that has just come up, so I need to make a decision over the next few days however I believe if the visa isn't used it's not too much of an issue.

GEO17

Hi - Anybody know what the answer is to the below question

I am VWP eligible and have been granted a H2B Visa. If I enter the US on H2B visa with the intention of starting work with the company (which is potentially entering into the unknown for me i.e will I enjoy it, is everything as promised etc), but then decide I don't want to continue in my role with the company, however want to stay in the US but not as a worker i.e vacation, can I convert to B2/VWP and is it a fairly common thing to do, or following my company declaring that I have stopped working for them, would I have to exit the US back to the UK straight away, or is it possible to exit to Mexico for example after quitting a H2B job and then re-enter on the VWP?

Thanks guys - Just trying to assess all my options because I am trying to take everything into consideration and go over all possibilities.

ian-mstm

No - you can't convert. Basically, once you leave the employ of your H-2B sponsor, the visa (and status) becomes invalid. You don't have to return to the UK but you do need to leave the US and seek re-entry on the VWP, but that can be done via a quick day trip to Canada or Mexico (whichever is closer).

Ian

GEO17

Thanks. I just wanted to make sure incase I get there and something isn't as expected i.e the host family situation, living conditions etc. I'll be on the west coast so Mexico is close. As I understand, if prompted at the border it would just be a case of "I was on a H-2B, and I am seeking re-entry on the VWP for a vacation". I am wondering if that would be the case if somebody stayed until the end of their H2B or if it's seen as better if your only there for a short time- Thinking along the lines of visa runs, seeking more time and causing suspicion however I guess if I am there only a short time it shouldn't be an issue.

One more question, everything is still pretty much up in the air at the moment and the visa was only approved on Tuesday, but again, if I decide I don't want to take the temporary employment but seek entry on the VWP for a vacation, I obviously inform the company and then can enter on the VWP. Wondering if I have to send back the passport for it to be removed or if I just declare at the border I am seeking admission on the VWP, not the H2B?

Thanks.

tht

I don't think they can remove a visa, it would probably tear out the page and that would invalidate your passport. They may stamp it CWOP, but they did nothing to my L1a when I started using my GC.

fozzyb

I had no problems using VWP when I had an L1 visa in my passport. So I would guess it's the same with a H2.

I wasn't even questioned as to why I didn't want to use the L1. (By that time I had left the employer named on the L1 but the CBP officer wouldn't have known that)

crg

Couldn't an H2B file an I-539 to apply for a change of status to B2?

GEO17

Still figuring out what I am doing. Have an option in the US that may involve entering on VWP program and not entering on H2B if I choose against the temporary coaching position.

Does anybody know how this could potentially affect future H2B positions i.e the role may not be right for me right now, but I may be interested next year. I was asked at the screening interview at the embassy if I had a H2B before which I said no which is the case. If I don't use it, the answer in the future would obviously be "Yes, but I didn't use it due to a change in circumstances".

Would this affect being approved in the future for a similar role?

Also looking at the following possibility -

Entering the US on VWP for 90 days - i.e May-July

Using H2B visa in August-November to perform role that I was offered from April-November - Wonder if this could work and what time frame I would be stamped in to if I was to enter in August on H2B with employers permission.

ian-mstm

No. Why? Because you are allowed to live your life.


It never ceases to amaze me how people try all sorts of different permutations on a theme in order to turn the system to their advantage. It's a complete waste of time and effort for you and us. Pick a course of action and follow it. Only time will tell whether or not it was the right choice for you. If it was, great! If it wasn't, change it. Agonizing over what trivial thing might happen in the future is no way to live.

Ian

GEO17

A) Yes, but we all know that US immigration doesn't always bend to what you want. I wasn't sure if the H2B was seen as a one time thing.

B) I guess that's called trying to make the right decision when being presented with a number of options, some confirmed, some still in the works. Just trying to make the right decision by myself and in-line with US immigration laws.

And "also looking at the following possibility" I meant considering/looking into. I don't understand your response. Trying all sorts of different permutations on theme in order to turn the system to their advantage is the very basis of what happens from birth to death. Sorry.