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H1-B - US visit during petition period

H1-B - US visit during petition period

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Old Oct 2nd 2012, 10:48 am
  #1  
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Default H1-B - US visit during petition period

Hi all, hoping for some specific advice after having read a number of similar H1-B related posts.

In May I had a job offer for post in NYC with company that is sponsoring H1-B. Petition was filled in mid-May.
During this time I have had to visit US for two extended periods, 1 month each.
The first for initial meetings and research related to new post, as well as a period of research for my current job in the UK.
The second visit for a second round of meetings and a holiday with my girlfriend.

Obviously my visa lawyer encouraged me this was not a very good idea, however it was necessary due to the nature of my work.

My I-797 was approved last week and I now have an embassy appt 17th October.

I have yet to submit DS-160 but intend to do so honestly stating recent visits

I finished up my UK job also last week. I've been working remotely for the US job since, Sept (having read other posts this seems like no issue, in their cases)

I am slightly worried about having visited for two long periods that the Con Off will read this as having taken post in advance of the visa approval.

I can obtain supporting evidence from my former director as research trip, however holiday is a little harder to show as we were off-grid camping.

do you have any suggests further advice of things I can gather for con off interview?

THX
Jamie
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Old Oct 2nd 2012, 12:05 pm
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Default Re: H1-B - US visit during petition period

Originally Posted by jamiek
Obviously my visa lawyer encouraged me this was not a very good idea...
I'm not sure why... what you've done is perfectly legal and okay.


I have yet to submit DS-160 but intend to do so honestly stating recent visits
Great... because you've done nothing wrong, despite the lawyer's trepidation.


I am slightly worried about having visited for two long periods that the Con Off will read this as having taken post in advance of the visa approval.
It won't be an issue.

Ian
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Old Oct 2nd 2012, 10:31 pm
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Default Re: H1-B - US visit during petition period

Thanks Ian, this is comforting to here...
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Old Oct 3rd 2012, 12:07 pm
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Default Re: H1-B - US visit during petition period

I did 3 two week trips on esta over 3 months to scope out homes, Areas, meetings with petitioner etc no problem.

I have been working as a contractor for my petitioner Uk based during the petition period.

Just make sure you didn't / dont do any work whilst on USA soil as its all about physical presence in the USA whilst the work is being carried out.

I did no work at all during my trips.

I had my interview last week and was approved.

The con off asked me 2 questions, who is my company and what will I be doing. Interview lasted 2 minutes and I found the day quite exciting

Last edited by Hillsforest.; Oct 3rd 2012 at 12:09 pm.
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Old Oct 3rd 2012, 1:11 pm
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Default Re: H1-B - US visit during petition period

Thanks again more reassurance.
Though I'm not confident how exciting it will be!!
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Old Oct 3rd 2012, 1:19 pm
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Default Re: H1-B - US visit during petition period

My advice would be just relax and try to enjoy it. The people I encountered we're very friendly. I saw 2 people get rfe's in front of me though, they weren't too impressed.
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