H1-B - US visit during petition period
#1
Just Joined
Thread Starter
Joined: Oct 2012
Posts: 4
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
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
#2
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: H1-B - US visit during petition period
I'm not sure why... what you've done is perfectly legal and okay.
Great... because you've done nothing wrong, despite the lawyer's trepidation.
It won't be an issue.
Ian
I have yet to submit DS-160 but intend to do so honestly stating recent visits
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.
Ian
#3
Just Joined
Thread Starter
Joined: Oct 2012
Posts: 4
Re: H1-B - US visit during petition period
Thanks Ian, this is comforting to here...
#4
Forum Regular
Joined: Apr 2012
Posts: 67
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
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.
#5
Just Joined
Thread Starter
Joined: Oct 2012
Posts: 4
Re: H1-B - US visit during petition period
Thanks again more reassurance.
Though I'm not confident how exciting it will be!!
Though I'm not confident how exciting it will be!!
#6
Forum Regular
Joined: Apr 2012
Posts: 67
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.