F2 visa holder applying for a B1 Visa
Dec 5th 2002, 5:15 pm
#1
Guest
Posts: n/a
F2 visa holder applying for a B1 Visa
Hi,
I am currently in the US on an F2 visa. I have been asked by a company
back home in India to undertake a small business assignment
(sales-related) in the US on their behalf. There is no payment
involved in this assignment, but the company will take care of
expenses that I might incur for travel / accomodation and food.
I understand that my current Visa status does not allow me to
undertake this kind of work and I will have to have a B1 for this.
My questions are:
1. Do I have to go back to India and apply for a B1 to undertake this
assignment or can I apply for a temporary change of status while in
the US?
2. Will this affect my F2 status and can I continue to stay here after
the assignment or do I have to leave the country and re-enter on the
F2 visa
3. If my B1 application is rejected will that affect my F2 status?
If this makes any difference, I have been to the US on a B1 Visa prior
to obtaining my F2.
Thanks in advance,
I am currently in the US on an F2 visa. I have been asked by a company
back home in India to undertake a small business assignment
(sales-related) in the US on their behalf. There is no payment
involved in this assignment, but the company will take care of
expenses that I might incur for travel / accomodation and food.
I understand that my current Visa status does not allow me to
undertake this kind of work and I will have to have a B1 for this.
My questions are:
1. Do I have to go back to India and apply for a B1 to undertake this
assignment or can I apply for a temporary change of status while in
the US?
2. Will this affect my F2 status and can I continue to stay here after
the assignment or do I have to leave the country and re-enter on the
F2 visa
3. If my B1 application is rejected will that affect my F2 status?
If this makes any difference, I have been to the US on a B1 Visa prior
to obtaining my F2.
Thanks in advance,
Dec 6th 2002, 5:13 am
#2
Guest
Posts: n/a
Re: F2 visa holder applying for a B1 Visa
On Thu, 05 Dec 2002 10:15:04 +0000, mapexvenus wrote:
> Hi,
> I am currently in the US on an F2 visa. I have been asked by a company
> back home in India to undertake a small business assignment
> (sales-related) in the US on their behalf. There is no payment
> involved in this assignment, but the company will take care of
> expenses that I might incur for travel / accomodation and food.
>
> I understand that my current Visa status does not allow me to
> undertake this kind of work and I will have to have a B1 for this.
>
> My questions are:
>
> 1. Do I have to go back to India and apply for a B1 to undertake this
> assignment or can I apply for a temporary change of status while in
> the US?
You can apply for a change of status in the US, but, to be frank, it is
almost certain to get denied (it would also get denied if you applied for
a visa in India). The problem is that as a B-1, you would be expected to
be a bona-fide India-based employee of that company. It rarely makes
business sense to hire somebody expressly for a two-week business trip.
The second problem with changing status in the US is that it takes a long
time; the change of status can take up to a year or more (although I hear
that INS recently sped up and approves it in about four to eight weeks).
You would not be allowed to engage in whatever business activity you would
be engaging until the B-1 is approved.
> 2. Will this affect my F2 status and can I continue to stay here after
> the assignment or do I have to leave the country and re-enter on the
> F2 visa
You would either have to change back to F-2 (same form as changing to
B-1), or you would have to leave the US. On the other hand, if the change
to B-1 is denied, then you would remain an F-2 without a problem.
> 3. If my B1 application is rejected will that affect my F2 status?
>
> If this makes any difference, I have been to the US on a B1 Visa prior
> to obtaining my F2.
>
> Thanks in advance,
> Hi,
> I am currently in the US on an F2 visa. I have been asked by a company
> back home in India to undertake a small business assignment
> (sales-related) in the US on their behalf. There is no payment
> involved in this assignment, but the company will take care of
> expenses that I might incur for travel / accomodation and food.
>
> I understand that my current Visa status does not allow me to
> undertake this kind of work and I will have to have a B1 for this.
>
> My questions are:
>
> 1. Do I have to go back to India and apply for a B1 to undertake this
> assignment or can I apply for a temporary change of status while in
> the US?
You can apply for a change of status in the US, but, to be frank, it is
almost certain to get denied (it would also get denied if you applied for
a visa in India). The problem is that as a B-1, you would be expected to
be a bona-fide India-based employee of that company. It rarely makes
business sense to hire somebody expressly for a two-week business trip.
The second problem with changing status in the US is that it takes a long
time; the change of status can take up to a year or more (although I hear
that INS recently sped up and approves it in about four to eight weeks).
You would not be allowed to engage in whatever business activity you would
be engaging until the B-1 is approved.
> 2. Will this affect my F2 status and can I continue to stay here after
> the assignment or do I have to leave the country and re-enter on the
> F2 visa
You would either have to change back to F-2 (same form as changing to
B-1), or you would have to leave the US. On the other hand, if the change
to B-1 is denied, then you would remain an F-2 without a problem.
> 3. If my B1 application is rejected will that affect my F2 status?
>
> If this makes any difference, I have been to the US on a B1 Visa prior
> to obtaining my F2.
>
> Thanks in advance,
Dec 12th 2002, 1:51 pm
#3
Guest
Posts: n/a
Re: F2 visa holder applying for a B1 Visa
"Ingo Pakleppa" wrote in message news:...
> On Thu, 05 Dec 2002 10:15:04 +0000, mapexvenus wrote:
>
> > Hi,
> > I am currently in the US on an F2 visa. I have been asked by a company
> > back home in India to undertake a small business assignment
> > (sales-related) in the US on their behalf. There is no payment
> > involved in this assignment, but the company will take care of
> > expenses that I might incur for travel / accomodation and food.
> >
> > I understand that my current Visa status does not allow me to
> > undertake this kind of work and I will have to have a B1 for this.
> >
> > My questions are:
> >
> > 1. Do I have to go back to India and apply for a B1 to undertake this
> > assignment or can I apply for a temporary change of status while in
> > the US?
>
> You can apply for a change of status in the US, but, to be frank, it is
> almost certain to get denied (it would also get denied if you applied for
> a visa in India). The problem is that as a B-1, you would be expected to
> be a bona-fide India-based employee of that company. It rarely makes
> business sense to hire somebody expressly for a two-week business trip.
>
> The second problem with changing status in the US is that it takes a long
> time; the change of status can take up to a year or more (although I hear
> that INS recently sped up and approves it in about four to eight weeks).
> You would not be allowed to engage in whatever business activity you would
> be engaging until the B-1 is approved.
Thanks for your feedback. I guess I will have to rework my options. I
suppose what I will have to do to get a B1 status is to go back to
India, get employed by that company and then apply for a B1 from
there. I will have to leave the country and then return on the F2
(which I assume will still be valid).
About your comments on the change of status - will change of status to
a H1B also take that long (a year)? What do you think my strategy
should be should I find employment in the US.
Thanks in advance,
> On Thu, 05 Dec 2002 10:15:04 +0000, mapexvenus wrote:
>
> > Hi,
> > I am currently in the US on an F2 visa. I have been asked by a company
> > back home in India to undertake a small business assignment
> > (sales-related) in the US on their behalf. There is no payment
> > involved in this assignment, but the company will take care of
> > expenses that I might incur for travel / accomodation and food.
> >
> > I understand that my current Visa status does not allow me to
> > undertake this kind of work and I will have to have a B1 for this.
> >
> > My questions are:
> >
> > 1. Do I have to go back to India and apply for a B1 to undertake this
> > assignment or can I apply for a temporary change of status while in
> > the US?
>
> You can apply for a change of status in the US, but, to be frank, it is
> almost certain to get denied (it would also get denied if you applied for
> a visa in India). The problem is that as a B-1, you would be expected to
> be a bona-fide India-based employee of that company. It rarely makes
> business sense to hire somebody expressly for a two-week business trip.
>
> The second problem with changing status in the US is that it takes a long
> time; the change of status can take up to a year or more (although I hear
> that INS recently sped up and approves it in about four to eight weeks).
> You would not be allowed to engage in whatever business activity you would
> be engaging until the B-1 is approved.
Thanks for your feedback. I guess I will have to rework my options. I
suppose what I will have to do to get a B1 status is to go back to
India, get employed by that company and then apply for a B1 from
there. I will have to leave the country and then return on the F2
(which I assume will still be valid).
About your comments on the change of status - will change of status to
a H1B also take that long (a year)? What do you think my strategy
should be should I find employment in the US.
Thanks in advance,
Dec 12th 2002, 8:21 pm
#4
Guest
Posts: n/a
Re: F2 visa holder applying for a B1 Visa
On Thu, 12 Dec 2002 06:51:04 +0000, mapexvenus wrote:
> "Ingo Pakleppa" wrote in message news:...
>> On Thu, 05 Dec 2002 10:15:04 +0000, mapexvenus wrote:
>>
>> > Hi,
>> > I am currently in the US on an F2 visa. I have been asked by a company
>> > back home in India to undertake a small business assignment
>> > (sales-related) in the US on their behalf. There is no payment
>> > involved in this assignment, but the company will take care of
>> > expenses that I might incur for travel / accomodation and food.
>> >
>> > I understand that my current Visa status does not allow me to
>> > undertake this kind of work and I will have to have a B1 for this.
>> >
>> > My questions are:
>> >
>> > 1. Do I have to go back to India and apply for a B1 to undertake this
>> > assignment or can I apply for a temporary change of status while in
>> > the US?
>>
>> You can apply for a change of status in the US, but, to be frank, it is
>> almost certain to get denied (it would also get denied if you applied for
>> a visa in India). The problem is that as a B-1, you would be expected to
>> be a bona-fide India-based employee of that company. It rarely makes
>> business sense to hire somebody expressly for a two-week business trip.
>>
>> The second problem with changing status in the US is that it takes a long
>> time; the change of status can take up to a year or more (although I hear
>> that INS recently sped up and approves it in about four to eight weeks).
>> You would not be allowed to engage in whatever business activity you would
>> be engaging until the B-1 is approved.
>
> Thanks for your feedback. I guess I will have to rework my options. I
> suppose what I will have to do to get a B1 status is to go back to
> India, get employed by that company and then apply for a B1 from
> there. I will have to leave the country and then return on the F2
> (which I assume will still be valid).
I'm not quite sure I follow what you are suggesting. If you plan to return
to the US as an F-2 (and, yes, that is still valid), why would you apply
for a B-1 in India? A B-1 is only meaningful in the US, or if you plan to
return to the US with the B-1 visa.
In any case, unless you can show that this is an ongoing relationship with
the company, chances are that the B-1 visa would be denied even in India.
> About your comments on the change of status - will change of status to
> a H1B also take that long (a year)? What do you think my strategy
> should be should I find employment in the US.
Change of status to H-1B is special. There is a premium processing track,
where INS guarantees a decision in three weeks.
> "Ingo Pakleppa" wrote in message news:...
>> On Thu, 05 Dec 2002 10:15:04 +0000, mapexvenus wrote:
>>
>> > Hi,
>> > I am currently in the US on an F2 visa. I have been asked by a company
>> > back home in India to undertake a small business assignment
>> > (sales-related) in the US on their behalf. There is no payment
>> > involved in this assignment, but the company will take care of
>> > expenses that I might incur for travel / accomodation and food.
>> >
>> > I understand that my current Visa status does not allow me to
>> > undertake this kind of work and I will have to have a B1 for this.
>> >
>> > My questions are:
>> >
>> > 1. Do I have to go back to India and apply for a B1 to undertake this
>> > assignment or can I apply for a temporary change of status while in
>> > the US?
>>
>> You can apply for a change of status in the US, but, to be frank, it is
>> almost certain to get denied (it would also get denied if you applied for
>> a visa in India). The problem is that as a B-1, you would be expected to
>> be a bona-fide India-based employee of that company. It rarely makes
>> business sense to hire somebody expressly for a two-week business trip.
>>
>> The second problem with changing status in the US is that it takes a long
>> time; the change of status can take up to a year or more (although I hear
>> that INS recently sped up and approves it in about four to eight weeks).
>> You would not be allowed to engage in whatever business activity you would
>> be engaging until the B-1 is approved.
>
> Thanks for your feedback. I guess I will have to rework my options. I
> suppose what I will have to do to get a B1 status is to go back to
> India, get employed by that company and then apply for a B1 from
> there. I will have to leave the country and then return on the F2
> (which I assume will still be valid).
I'm not quite sure I follow what you are suggesting. If you plan to return
to the US as an F-2 (and, yes, that is still valid), why would you apply
for a B-1 in India? A B-1 is only meaningful in the US, or if you plan to
return to the US with the B-1 visa.
In any case, unless you can show that this is an ongoing relationship with
the company, chances are that the B-1 visa would be denied even in India.
> About your comments on the change of status - will change of status to
> a H1B also take that long (a year)? What do you think my strategy
> should be should I find employment in the US.
Change of status to H-1B is special. There is a premium processing track,
where INS guarantees a decision in three weeks.
Dec 14th 2002, 5:36 pm
#5
Guest
Posts: n/a
Re: F2 visa holder applying for a B1 Visa
"Ingo Pakleppa" wrote in message news:...
> On Thu, 12 Dec 2002 06:51:04 +0000, mapexvenus wrote:
>
> > "Ingo Pakleppa" wrote in message news:...
> >> On Thu, 05 Dec 2002 10:15:04 +0000, mapexvenus wrote:
> >>
> >> > Hi,
> >> > I am currently in the US on an F2 visa. I have been asked by a company
> >> > back home in India to undertake a small business assignment
> >> > (sales-related) in the US on their behalf. There is no payment
> >> > involved in this assignment, but the company will take care of
> >> > expenses that I might incur for travel / accomodation and food.
> >> >
> >> > I understand that my current Visa status does not allow me to
> >> > undertake this kind of work and I will have to have a B1 for this.
> >> >
> >> > My questions are:
> >> >
> >> > 1. Do I have to go back to India and apply for a B1 to undertake this
> >> > assignment or can I apply for a temporary change of status while in
> >> > the US?
> >>
> >> You can apply for a change of status in the US, but, to be frank, it is
> >> almost certain to get denied (it would also get denied if you applied for
> >> a visa in India). The problem is that as a B-1, you would be expected to
> >> be a bona-fide India-based employee of that company. It rarely makes
> >> business sense to hire somebody expressly for a two-week business trip.
> >>
> >> The second problem with changing status in the US is that it takes a long
> >> time; the change of status can take up to a year or more (although I hear
> >> that INS recently sped up and approves it in about four to eight weeks).
> >> You would not be allowed to engage in whatever business activity you would
> >> be engaging until the B-1 is approved.
> >
> > Thanks for your feedback. I guess I will have to rework my options. I
> > suppose what I will have to do to get a B1 status is to go back to
> > India, get employed by that company and then apply for a B1 from
> > there. I will have to leave the country and then return on the F2
> > (which I assume will still be valid).
>
> I'm not quite sure I follow what you are suggesting. If you plan to return
> to the US as an F-2 (and, yes, that is still valid), why would you apply
> for a B-1 in India? A B-1 is only meaningful in the US, or if you plan to
> return to the US with the B-1 visa.
>
> In any case, unless you can show that this is an ongoing relationship with
> the company, chances are that the B-1 visa would be denied even in India.
>
> > About your comments on the change of status - will change of status to
> > a H1B also take that long (a year)? What do you think my strategy
> > should be should I find employment in the US.
>
> Change of status to H-1B is special. There is a premium processing track,
> where INS guarantees a decision in three weeks.
Thanks for your feedback. As far as the B1 visa goes I do not think
that is an option anymore and I might apply for a H1 straight away.
Would it be possible to apply for a H1 while in the US or I have to go
back to India for this?
Also, while on the F2, is it OK to attend an interview / seek job
opportunities while in the US? I might have to travel to a different
state for an interview, the company interviewing me arranging for my
travel and boarding. Will I be violating any INS rules if I attended
this interview?
Thanks for your help.
> On Thu, 12 Dec 2002 06:51:04 +0000, mapexvenus wrote:
>
> > "Ingo Pakleppa" wrote in message news:...
> >> On Thu, 05 Dec 2002 10:15:04 +0000, mapexvenus wrote:
> >>
> >> > Hi,
> >> > I am currently in the US on an F2 visa. I have been asked by a company
> >> > back home in India to undertake a small business assignment
> >> > (sales-related) in the US on their behalf. There is no payment
> >> > involved in this assignment, but the company will take care of
> >> > expenses that I might incur for travel / accomodation and food.
> >> >
> >> > I understand that my current Visa status does not allow me to
> >> > undertake this kind of work and I will have to have a B1 for this.
> >> >
> >> > My questions are:
> >> >
> >> > 1. Do I have to go back to India and apply for a B1 to undertake this
> >> > assignment or can I apply for a temporary change of status while in
> >> > the US?
> >>
> >> You can apply for a change of status in the US, but, to be frank, it is
> >> almost certain to get denied (it would also get denied if you applied for
> >> a visa in India). The problem is that as a B-1, you would be expected to
> >> be a bona-fide India-based employee of that company. It rarely makes
> >> business sense to hire somebody expressly for a two-week business trip.
> >>
> >> The second problem with changing status in the US is that it takes a long
> >> time; the change of status can take up to a year or more (although I hear
> >> that INS recently sped up and approves it in about four to eight weeks).
> >> You would not be allowed to engage in whatever business activity you would
> >> be engaging until the B-1 is approved.
> >
> > Thanks for your feedback. I guess I will have to rework my options. I
> > suppose what I will have to do to get a B1 status is to go back to
> > India, get employed by that company and then apply for a B1 from
> > there. I will have to leave the country and then return on the F2
> > (which I assume will still be valid).
>
> I'm not quite sure I follow what you are suggesting. If you plan to return
> to the US as an F-2 (and, yes, that is still valid), why would you apply
> for a B-1 in India? A B-1 is only meaningful in the US, or if you plan to
> return to the US with the B-1 visa.
>
> In any case, unless you can show that this is an ongoing relationship with
> the company, chances are that the B-1 visa would be denied even in India.
>
> > About your comments on the change of status - will change of status to
> > a H1B also take that long (a year)? What do you think my strategy
> > should be should I find employment in the US.
>
> Change of status to H-1B is special. There is a premium processing track,
> where INS guarantees a decision in three weeks.
Thanks for your feedback. As far as the B1 visa goes I do not think
that is an option anymore and I might apply for a H1 straight away.
Would it be possible to apply for a H1 while in the US or I have to go
back to India for this?
Also, while on the F2, is it OK to attend an interview / seek job
opportunities while in the US? I might have to travel to a different
state for an interview, the company interviewing me arranging for my
travel and boarding. Will I be violating any INS rules if I attended
this interview?
Thanks for your help.
Dec 15th 2002, 7:27 am
#6
Guest
Posts: n/a
Re: F2 visa holder applying for a B1 Visa
On Sat, 14 Dec 2002 10:36:19 +0000, mapexvenus wrote:
> "Ingo Pakleppa" wrote in message news:...
>> On Thu, 12 Dec 2002 06:51:04 +0000, mapexvenus wrote:
>>
>> > "Ingo Pakleppa" wrote in message news:...
>> >> On Thu, 05 Dec 2002 10:15:04 +0000, mapexvenus wrote:
>> >>
>> >> > Hi,
>> >> > I am currently in the US on an F2 visa. I have been asked by a company
>> >> > back home in India to undertake a small business assignment
>> >> > (sales-related) in the US on their behalf. There is no payment
>> >> > involved in this assignment, but the company will take care of
>> >> > expenses that I might incur for travel / accomodation and food.
>> >> >
>> >> > I understand that my current Visa status does not allow me to
>> >> > undertake this kind of work and I will have to have a B1 for this.
>> >> >
>> >> > My questions are:
>> >> >
>> >> > 1. Do I have to go back to India and apply for a B1 to undertake this
>> >> > assignment or can I apply for a temporary change of status while in
>> >> > the US?
>> >>
>> >> You can apply for a change of status in the US, but, to be frank, it is
>> >> almost certain to get denied (it would also get denied if you applied for
>> >> a visa in India). The problem is that as a B-1, you would be expected to
>> >> be a bona-fide India-based employee of that company. It rarely makes
>> >> business sense to hire somebody expressly for a two-week business trip.
>> >>
>> >> The second problem with changing status in the US is that it takes a long
>> >> time; the change of status can take up to a year or more (although I hear
>> >> that INS recently sped up and approves it in about four to eight weeks).
>> >> You would not be allowed to engage in whatever business activity you would
>> >> be engaging until the B-1 is approved.
>> >
>> > Thanks for your feedback. I guess I will have to rework my options. I
>> > suppose what I will have to do to get a B1 status is to go back to
>> > India, get employed by that company and then apply for a B1 from
>> > there. I will have to leave the country and then return on the F2
>> > (which I assume will still be valid).
>>
>> I'm not quite sure I follow what you are suggesting. If you plan to return
>> to the US as an F-2 (and, yes, that is still valid), why would you apply
>> for a B-1 in India? A B-1 is only meaningful in the US, or if you plan to
>> return to the US with the B-1 visa.
>>
>> In any case, unless you can show that this is an ongoing relationship with
>> the company, chances are that the B-1 visa would be denied even in India.
>>
>> > About your comments on the change of status - will change of status to
>> > a H1B also take that long (a year)? What do you think my strategy
>> > should be should I find employment in the US.
>>
>> Change of status to H-1B is special. There is a premium processing track,
>> where INS guarantees a decision in three weeks.
>
>
> Thanks for your feedback. As far as the B1 visa goes I do not think
> that is an option anymore and I might apply for a H1 straight away.
> Would it be possible to apply for a H1 while in the US or I have to go
> back to India for this?
In most cases, you can change status to H-1 while in the US. This will
give you H-1B status, but won't give you an H-1B visa. Meaning that if you
decide to leave the US for a short trip, you would have to stop at a
consulate and get a visa.
> Also, while on the F2, is it OK to attend an interview / seek job
> opportunities while in the US? I might have to travel to a different
> state for an interview, the company interviewing me arranging for my
> travel and boarding. Will I be violating any INS rules if I attended
> this interview?
Shouldn't be a problem. Only accepting work is illegal, but merely looking
for it is OK.
Ingo
> "Ingo Pakleppa" wrote in message news:...
>> On Thu, 12 Dec 2002 06:51:04 +0000, mapexvenus wrote:
>>
>> > "Ingo Pakleppa" wrote in message news:...
>> >> On Thu, 05 Dec 2002 10:15:04 +0000, mapexvenus wrote:
>> >>
>> >> > Hi,
>> >> > I am currently in the US on an F2 visa. I have been asked by a company
>> >> > back home in India to undertake a small business assignment
>> >> > (sales-related) in the US on their behalf. There is no payment
>> >> > involved in this assignment, but the company will take care of
>> >> > expenses that I might incur for travel / accomodation and food.
>> >> >
>> >> > I understand that my current Visa status does not allow me to
>> >> > undertake this kind of work and I will have to have a B1 for this.
>> >> >
>> >> > My questions are:
>> >> >
>> >> > 1. Do I have to go back to India and apply for a B1 to undertake this
>> >> > assignment or can I apply for a temporary change of status while in
>> >> > the US?
>> >>
>> >> You can apply for a change of status in the US, but, to be frank, it is
>> >> almost certain to get denied (it would also get denied if you applied for
>> >> a visa in India). The problem is that as a B-1, you would be expected to
>> >> be a bona-fide India-based employee of that company. It rarely makes
>> >> business sense to hire somebody expressly for a two-week business trip.
>> >>
>> >> The second problem with changing status in the US is that it takes a long
>> >> time; the change of status can take up to a year or more (although I hear
>> >> that INS recently sped up and approves it in about four to eight weeks).
>> >> You would not be allowed to engage in whatever business activity you would
>> >> be engaging until the B-1 is approved.
>> >
>> > Thanks for your feedback. I guess I will have to rework my options. I
>> > suppose what I will have to do to get a B1 status is to go back to
>> > India, get employed by that company and then apply for a B1 from
>> > there. I will have to leave the country and then return on the F2
>> > (which I assume will still be valid).
>>
>> I'm not quite sure I follow what you are suggesting. If you plan to return
>> to the US as an F-2 (and, yes, that is still valid), why would you apply
>> for a B-1 in India? A B-1 is only meaningful in the US, or if you plan to
>> return to the US with the B-1 visa.
>>
>> In any case, unless you can show that this is an ongoing relationship with
>> the company, chances are that the B-1 visa would be denied even in India.
>>
>> > About your comments on the change of status - will change of status to
>> > a H1B also take that long (a year)? What do you think my strategy
>> > should be should I find employment in the US.
>>
>> Change of status to H-1B is special. There is a premium processing track,
>> where INS guarantees a decision in three weeks.
>
>
> Thanks for your feedback. As far as the B1 visa goes I do not think
> that is an option anymore and I might apply for a H1 straight away.
> Would it be possible to apply for a H1 while in the US or I have to go
> back to India for this?
In most cases, you can change status to H-1 while in the US. This will
give you H-1B status, but won't give you an H-1B visa. Meaning that if you
decide to leave the US for a short trip, you would have to stop at a
consulate and get a visa.
> Also, while on the F2, is it OK to attend an interview / seek job
> opportunities while in the US? I might have to travel to a different
> state for an interview, the company interviewing me arranging for my
> travel and boarding. Will I be violating any INS rules if I attended
> this interview?
Shouldn't be a problem. Only accepting work is illegal, but merely looking
for it is OK.
Ingo
Dec 17th 2002, 1:37 pm
#7
Guest
Posts: n/a
Re: F2 visa holder applying for a B1 Visa
"Ingo Pakleppa" wrote in message news:...
> On Sat, 14 Dec 2002 10:36:19 +0000, mapexvenus wrote:
>
> > "Ingo Pakleppa" wrote in message news:...
> >> On Thu, 12 Dec 2002 06:51:04 +0000, mapexvenus wrote:
> >>
> >> > "Ingo Pakleppa" wrote in message news:...
> >> >> On Thu, 05 Dec 2002 10:15:04 +0000, mapexvenus wrote:
> >> >>
> >> >> > Hi,
> >> >> > I am currently in the US on an F2 visa. I have been asked by a company
> >> >> > back home in India to undertake a small business assignment
> >> >> > (sales-related) in the US on their behalf. There is no payment
> >> >> > involved in this assignment, but the company will take care of
> >> >> > expenses that I might incur for travel / accomodation and food.
> >> >> >
> >> >> > I understand that my current Visa status does not allow me to
> >> >> > undertake this kind of work and I will have to have a B1 for this.
> >> >> >
> >> >> > My questions are:
> >> >> >
> >> >> > 1. Do I have to go back to India and apply for a B1 to undertake this
> >> >> > assignment or can I apply for a temporary change of status while in
> >> >> > the US?
> >> >>
> >> >> You can apply for a change of status in the US, but, to be frank, it is
> >> >> almost certain to get denied (it would also get denied if you applied for
> >> >> a visa in India). The problem is that as a B-1, you would be expected to
> >> >> be a bona-fide India-based employee of that company. It rarely makes
> >> >> business sense to hire somebody expressly for a two-week business trip.
> >> >>
> >> >> The second problem with changing status in the US is that it takes a long
> >> >> time; the change of status can take up to a year or more (although I hear
> >> >> that INS recently sped up and approves it in about four to eight weeks).
> >> >> You would not be allowed to engage in whatever business activity you would
> >> >> be engaging until the B-1 is approved.
> >> >
> >> > Thanks for your feedback. I guess I will have to rework my options. I
> >> > suppose what I will have to do to get a B1 status is to go back to
> >> > India, get employed by that company and then apply for a B1 from
> >> > there. I will have to leave the country and then return on the F2
> >> > (which I assume will still be valid).
> >>
> >> I'm not quite sure I follow what you are suggesting. If you plan to return
> >> to the US as an F-2 (and, yes, that is still valid), why would you apply
> >> for a B-1 in India? A B-1 is only meaningful in the US, or if you plan to
> >> return to the US with the B-1 visa.
> >>
> >> In any case, unless you can show that this is an ongoing relationship with
> >> the company, chances are that the B-1 visa would be denied even in India.
> >>
> >> > About your comments on the change of status - will change of status to
> >> > a H1B also take that long (a year)? What do you think my strategy
> >> > should be should I find employment in the US.
> >>
> >> Change of status to H-1B is special. There is a premium processing track,
> >> where INS guarantees a decision in three weeks.
> >
> >
> > Thanks for your feedback. As far as the B1 visa goes I do not think
> > that is an option anymore and I might apply for a H1 straight away.
> > Would it be possible to apply for a H1 while in the US or I have to go
> > back to India for this?
>
> In most cases, you can change status to H-1 while in the US. This will
> give you H-1B status, but won't give you an H-1B visa. Meaning that if you
> decide to leave the US for a short trip, you would have to stop at a
> consulate and get a visa.
>
> > Also, while on the F2, is it OK to attend an interview / seek job
> > opportunities while in the US? I might have to travel to a different
> > state for an interview, the company interviewing me arranging for my
> > travel and boarding. Will I be violating any INS rules if I attended
> > this interview?
>
> Shouldn't be a problem. Only accepting work is illegal, but merely looking
> for it is OK.
>
> Ingo
Thanks for your help Ingo, based on which I have decided to go ahead
and attend the interview.
If the interview goes well then that company will file for my H1 and
change of status. I understand that the H1 requires you to have a
4-year bachelors degree. If you dont have a 4-year degree then you
require 3 years of work experience to compensate for every year you
fall short by. I have a 3 year non-technical bachelors degree and 6+
years of IT work experience. Will this be ok?
Thanks again!
> On Sat, 14 Dec 2002 10:36:19 +0000, mapexvenus wrote:
>
> > "Ingo Pakleppa" wrote in message news:...
> >> On Thu, 12 Dec 2002 06:51:04 +0000, mapexvenus wrote:
> >>
> >> > "Ingo Pakleppa" wrote in message news:...
> >> >> On Thu, 05 Dec 2002 10:15:04 +0000, mapexvenus wrote:
> >> >>
> >> >> > Hi,
> >> >> > I am currently in the US on an F2 visa. I have been asked by a company
> >> >> > back home in India to undertake a small business assignment
> >> >> > (sales-related) in the US on their behalf. There is no payment
> >> >> > involved in this assignment, but the company will take care of
> >> >> > expenses that I might incur for travel / accomodation and food.
> >> >> >
> >> >> > I understand that my current Visa status does not allow me to
> >> >> > undertake this kind of work and I will have to have a B1 for this.
> >> >> >
> >> >> > My questions are:
> >> >> >
> >> >> > 1. Do I have to go back to India and apply for a B1 to undertake this
> >> >> > assignment or can I apply for a temporary change of status while in
> >> >> > the US?
> >> >>
> >> >> You can apply for a change of status in the US, but, to be frank, it is
> >> >> almost certain to get denied (it would also get denied if you applied for
> >> >> a visa in India). The problem is that as a B-1, you would be expected to
> >> >> be a bona-fide India-based employee of that company. It rarely makes
> >> >> business sense to hire somebody expressly for a two-week business trip.
> >> >>
> >> >> The second problem with changing status in the US is that it takes a long
> >> >> time; the change of status can take up to a year or more (although I hear
> >> >> that INS recently sped up and approves it in about four to eight weeks).
> >> >> You would not be allowed to engage in whatever business activity you would
> >> >> be engaging until the B-1 is approved.
> >> >
> >> > Thanks for your feedback. I guess I will have to rework my options. I
> >> > suppose what I will have to do to get a B1 status is to go back to
> >> > India, get employed by that company and then apply for a B1 from
> >> > there. I will have to leave the country and then return on the F2
> >> > (which I assume will still be valid).
> >>
> >> I'm not quite sure I follow what you are suggesting. If you plan to return
> >> to the US as an F-2 (and, yes, that is still valid), why would you apply
> >> for a B-1 in India? A B-1 is only meaningful in the US, or if you plan to
> >> return to the US with the B-1 visa.
> >>
> >> In any case, unless you can show that this is an ongoing relationship with
> >> the company, chances are that the B-1 visa would be denied even in India.
> >>
> >> > About your comments on the change of status - will change of status to
> >> > a H1B also take that long (a year)? What do you think my strategy
> >> > should be should I find employment in the US.
> >>
> >> Change of status to H-1B is special. There is a premium processing track,
> >> where INS guarantees a decision in three weeks.
> >
> >
> > Thanks for your feedback. As far as the B1 visa goes I do not think
> > that is an option anymore and I might apply for a H1 straight away.
> > Would it be possible to apply for a H1 while in the US or I have to go
> > back to India for this?
>
> In most cases, you can change status to H-1 while in the US. This will
> give you H-1B status, but won't give you an H-1B visa. Meaning that if you
> decide to leave the US for a short trip, you would have to stop at a
> consulate and get a visa.
>
> > Also, while on the F2, is it OK to attend an interview / seek job
> > opportunities while in the US? I might have to travel to a different
> > state for an interview, the company interviewing me arranging for my
> > travel and boarding. Will I be violating any INS rules if I attended
> > this interview?
>
> Shouldn't be a problem. Only accepting work is illegal, but merely looking
> for it is OK.
>
> Ingo
Thanks for your help Ingo, based on which I have decided to go ahead
and attend the interview.
If the interview goes well then that company will file for my H1 and
change of status. I understand that the H1 requires you to have a
4-year bachelors degree. If you dont have a 4-year degree then you
require 3 years of work experience to compensate for every year you
fall short by. I have a 3 year non-technical bachelors degree and 6+
years of IT work experience. Will this be ok?
Thanks again!
Dec 18th 2002, 12:32 pm
#8
Guest
Posts: n/a
Re: F2 visa holder applying for a B1 Visa
On Tue, 17 Dec 2002 06:37:55 +0000, mapexvenus wrote:
>
> Thanks for your help Ingo, based on which I have decided to go ahead
> and attend the interview.
>
> If the interview goes well then that company will file for my H1 and
> change of status. I understand that the H1 requires you to have a
> 4-year bachelors degree. If you dont have a 4-year degree then you
> require 3 years of work experience to compensate for every year you
> fall short by. I have a 3 year non-technical bachelors degree and 6+
> years of IT work experience. Will this be ok?
>
> Thanks again!
Depends. You have to be able to show that your degree is related to the
job requirements. Then, your qualifications seem to be enough.
>
> Thanks for your help Ingo, based on which I have decided to go ahead
> and attend the interview.
>
> If the interview goes well then that company will file for my H1 and
> change of status. I understand that the H1 requires you to have a
> 4-year bachelors degree. If you dont have a 4-year degree then you
> require 3 years of work experience to compensate for every year you
> fall short by. I have a 3 year non-technical bachelors degree and 6+
> years of IT work experience. Will this be ok?
>
> Thanks again!
Depends. You have to be able to show that your degree is related to the
job requirements. Then, your qualifications seem to be enough.
