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Safely using a B2 while applying for an H1B

Safely using a B2 while applying for an H1B

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Old Nov 8th 2012, 11:07 pm
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Default Safely using a B2 while applying for an H1B

Hi guys, searched but didn't find anything exactly answering my question so apologies if this is repetitious.

I've been offered a job by a company with offices in New York and London but most of the work is really done from New York. If I were to be officially employed and paid in London, how much time could I safely spend in New York on a B2 between now and October 1st 2013 (assuming I successfully get an H1B to become permanent in NY then)?

Another little complication, I'm already working in New York on an E2 for a different company.

Any experience shared would be greatly appreciated!
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Old Nov 8th 2012, 11:08 pm
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Default Re: Safely using a B2 while applying for an H1B

Oh and if it makes any difference, I have a UK passport that my E2 is in but also an Irish one that I've never used.
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Old Nov 8th 2012, 11:10 pm
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Default Re: Safely using a B2 while applying for an H1B

Are you otherwise eligible for vwp? If yes, you might get denied a B2.

Do you mean B1 or even B1 in lieu of H1B? This later may be tricky to get due to recent infractions by large companies trying to game the system.

Edited to add, the type of business one may conduct on visits made using vwp/B1 is not generally the same as working in the US. Tread carefully.

Last edited by sir_eccles; Nov 8th 2012 at 11:12 pm.
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Old Nov 9th 2012, 3:47 am
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Default Re: Safely using a B2 while applying for an H1B

Do you have a B?
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Old Nov 9th 2012, 1:55 pm
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Default Re: Safely using a B2 while applying for an H1B

It's more than the amount of time you could spend in the USA, it's also a question of the nature of the "work" you will be performing when you are in the USA in B1 (not B2) status. I suspect that the nature of the work will be the more limiting factor - the kinds of "work" you can perform while in the USA in B1 status will likely take far less time than the length of stay that B1 allows.

Regards, JEff

Originally Posted by E2B2H1B
I've been offered a job by a company with offices in New York and London but most of the work is really done from New York. If I were to be officially employed and paid in London, how much time could I safely spend in New York on a B2 between now and October 1st 2013 (assuming I successfully get an H1B to become permanent in NY then)?
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Old Nov 12th 2012, 6:14 pm
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Default Re: Safely using a B2 while applying for an H1B

Has there been a resolution to this question? I am in a similar situation, thanks
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Old Nov 12th 2012, 10:21 pm
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Default Re: Safely using a B2 while applying for an H1B

Originally Posted by ecca
Has there been a resolution to this question?
Can you be more specific about which question? We aren't mind readers. Yes, you can visit the US on a B-2 while you have an H-1B being processed. No, you can't work in the US while you're on a B-2. If you're elegible for the VWP, you aren't likely to get a B-2 visa.

Ian
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