JG1983

I could use some help....slightly tricky situation.. I am brit living in USA...

I have come over from the UK on an B1 in lieu of H1b for period of 12 months. I started my H1b application but the prevailing wage came back and this was completely unrealistic for a small company wanting the grow in the USA. So they can't support that wage level. Therefore what are the options?

I believe one option is to apply for an extension - Is it possible to apply for a B1 Extension even though its a B1 in lieu of H1b? From my research it is possible.

I have also read that applications from within the country are often denied because they want to prove you have ties back to the UK and will be leaving again. A couple of questions:

-Can I apply for this back in the UK (how long does that process take? could i just fly back for it?

-What proof are they looking for with regard to the extension if I apply whilst still in the USA....

-Flight home?
-Mortgage payments on house in UK?
-Proof I have a job commencing (with the same company after I return to uk... to be based in uk?)
-Family ties? (i have NO family in USA - all in UK)
-Letter from landlord in UK stating my lease will end at the proposed extension date?

I appreciate any thoughts... the company has a consultant working on this also and she is being less than useful!!

Thanks all.

scrubbedexpat099

You found it and welcome.

Ray

did you fulfill all the needs before you started its quite a rare thing


The B1 in lieu of an H1B
In certain, limited circumstances the US Consulate may issue an employment - authorized B1 visa where the work to be undertaken would usually require an H1B visa. This provision is particularly applicable to situations where you may need to send a member of staff to the US for a limited period in order to undertake specific projects for you. The requirements for acquiring a B1 in lieu of H1B are:-

The work to be undertaken in the US must be H1B level – i.e. the worker must be engaged in a ‘speciality occupation’;

The worker must permanently employed (i.e. not a contractor) and paid by the employer outside the US;

The worker may receive no compensation other than expenses from a US source;

The worker must have a degree relevant to the services to be provided– there is no provision for work experience to be considered equivalent to a degree, as there is under the H1B.
The B1 in lieu of H-1 visa generally takes 1 to 2 weeks to obtain, and considerably more supporting documentation is required than for a normal B1 visa. Periods of admission and extension are the same as for the standard B1 visa (i.e. generally 6 months).

If the necessary conditions are satisfied then the applicant can apply for a visa.

JG1983

Yes, I had an interview with the US embassy in the UK and qualified for the B1 in lieu of H1b status due to the specialist nature of my work. Now the prevailing wage amount has come back unrealistically high... means we can't proceed with my H1b as planned. Instead an extension for 6 months is best way to go. But I have to prove my ties to the uk.....? whats the best way to do this?

also am I able to apply for the extension if I go back to UK quickly?

thanks

scrubbedexpat099

B is dual intent, so you would have thought that a B in lieu would not be dependent on non immigrant proof, or at least not directly, like the E2.

But logic does not always happen.

meauxna

Why do you keep saying that the prevailing wage is too high?

JG1983

Well, the labor department came back with an evaluation of my job description in reference to my h1b application and decided on a prevailing wage... which is unrealistic (it could be market rate for someone with the same description in a big corporate company but not possible in a smaller one).

meauxna

So it would be just as accurate to say 'the company is too small' or 'the company is too undercapitalized'?
(just trying to give you another way to view this )

S Folinsky

How come you limited your self to use of ?? I am actually .

rew1000

Hmm - sounds tricky to renew the B1, although I have no direct experience. Kind of goes against the "limited duration" concept of the B1 in lieu of H1B.

If no-one in the US can do your job, perhaps an O-1 visa would be a possibility?

If no-one in the US is prepared to do your job at the rate the company will pay, sounds like new business model is needed.

scrubbedexpat099

I am assuming that this is short period extension.

Unless they find the money then it sounds like this could never be a long term placement.

Just putting it out there, applying for an extension would keep you in status maybe for as long as you need even if the worst happened and you get a refusal?

Sort of depends on your long term plans.

JG1983

At the moment It seems I have no other option than to go for the B1 extension. Do you know if / how long this can be done from the UK? and if so... what are they looking for? proof I am going to return to the UK... what can this include?

If I have to do this here - I understand extensions are rarely granted whilst in the country your applying for - anyone have experience of the exceptions?

thanks

henryh

As I understand it, by definition an extension of status is done while you are still in the USA. If you leave and your visa has expired you will have to apply for another visa.

scrubbedexpat099

If you leave you will either have to re enter if your visa was for multiple entries or apply for a new one if it was a single entry. Either way may be dodgy.

An extension is applied for in country, they usually take quite a long time to consider, if you get it you are good to go, if you do not you are out of status from the date they decide.

meauxna

Where is your immigration lawyer in all this?! Surely you're playing with fire.. I would want someone who had an idea working on this for me.