Can I enter the USA (under vwp) whilst applying for an O-1?
 

I filed my O-1A visa application this week. I paid for premium processing, but if there is an RFE or anything - well - you know how time consuming these things can be ...

I have a number of engagements that I need to attend in the USA mid May - say for the last 2 weeks of May - can I enter the USA under the visa waiver program whilst my lawyer and american immigration sort the paperwork for my visa?

Re: Can I enter the USA (under vwp) whilst applying for an O-1?
 

You should have no problems entering the US on the VWP while you have a visa application in progress.

The activities that are allowed under the VWP are very limited. Be sure that your 'engagements' fall into this category.

Re: Can I enter the USA (under vwp) whilst applying for an O-1?
 

Let's be clear - a couple of business meetings is probably okay.

Using the VWP to prematurely start work at your new job before the O-1 is sorted out is definitely not okay, and could get complicated.


I say that because I have been in that situation before. My management went to great bother to hire me on the O-1. It was a flagship project and they couldn't wait to get started. Being little-traveled Americans they had little patience or sympathy for the visa process.

I got an RFE and I think at one point at least some of the management wanted to ditch me.

So I'm guessing that is your concern. You want to head out there and get some initial meetings and work underway to consolidate your position. A little face-to-face time with the team is probably going to be okay. Getting stuck in to whatever it is you are a master at is probably not.

You presumably have an attorney working on your case. You might want to check with them to see what is and is not okay.

Re: Can I enter the USA (under vwp) whilst applying for an O-1?
 

i know all that, hence why I am applying for a visa - thanks for the remindedr though.
they're social engagements.

Re: Can I enter the USA (under vwp) whilst applying for an O-1?
 

I can't say whether the POE officer will be able to see you have a pending visa application on his/her screen. I've never seen what they are looking at when they bring up your information. If he can see you have a pending application, he may interpret your VWP usage as potentially being not above board, and deny you entry.

So there's a small risk there.

My companies attorneys are particularly risk averse, and advised no travel to the US under any circumstances until all the O-1 paperwork was done and dusted.