H1B approved, then B2 denied, can I take up H1B?
Dec 1st 2009, 9:02 am
#1
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Joined: Nov 2009
Posts: 20
H1B approved, then B2 denied, can I take up H1B?
As a follow up to a previous thread – I’ve now got another decision to make and would love your help.
A slight recap.
I am Austrian.
I lived legally in the US on a students VISA from age 6 to 20, then when I left the country was turned away by POE official ( in 2004) . I was enrolled in Full Time Education in this time, but since I did not leave the US, my entry exit VISA was way out of date.
Was later banned from US for 10 years since they thought I had overstayed, but since enrolling in FTE each year automatically extends the Student VISA they accepted I had done nothing illegal and overturned the ban.
I had a house with my US Citizen girlfriend, who I had lived with for 3 years, so since this was early 2005 and I was now banned from the US, it seemed like a good time to get married – the relationship at this point was very strong. I applied for the K3.
In early 2008 I entered the US on the K3, after 12 months the relationship had broken down and we got divorced – I left the US immediately.
But the company who had employed me in the US really wanted me back so they applied for a H1B visa around 6 months ago.
Since coming back to the UK one year ago, I have loved it and wanted to stay.
In order to see my US based Mum and Dad ( both Austrian) and my half brother for xmas, I applied for ESTA and was completely honestly, I got the ESTA approved which I did not expect since I has previously been turned away at the border- I think they “let me withdraw my application”, but they did escort me to jail for the night and force me back on the plane the next day, so this sounds more like “denied entry”
To be sure that I could visit I applied for a B2 visa also ( this was 1 month ago) ( as suggested my my immigration lawyer – who I think is not very good now) , in this interview I showed I had been in the UK for nearly a year, that I had a UK bank account, a job, and had not taken the down the H1B. ( I wanted to show I had no migrant intent)
They turned me down saying I had too many roots in the US and I needed to spend a lot longer building roots here.
Desperate, and after getting even more confusing advice about my eligibility on the VWP, to be sure I applied again to ESTA and was , as expected refused this time.
Nearly there…..So at this point even though I had no wishes to live in the US, they thought I was too likely to overstay , despite not taking up my H1B.
Now, oddly, in the last 2 weeks I have been offered an amazing job working for a very notable person – one of the worlds most talented and inspiring people and also well known.
I am very keen to take up the job offer ( which starts in 5 months)
But.
1) Could I take up the old ( unexpired H1B for another firm, then transfer it to the new person?
2) If so, I presume I need 2 months pay checks from job number one and to do it for a while.
3) If the second job offer needs a H1B, is this another H1B, and therefore if the quota is expired I won’t be able to get it?
4) Would I even have any hope of getting my H1b in an interview, when around 2 months ago I was telling them I had no intension of moving to the US?
5) In all of this, is the fact my H1B sponsor a very famous and rich person, who really wants me to work there going to make any difference?
6) Presumably if I was denied the H1B in an interview, my chances of a B2 in the next year would be very much at risk since since I am behaving so contrarily.
Thanks for reading so far, I can see from reading this that it does appear that I am desperate to move to the US, and that I’ll do anything to get there. It’s actually not the case, I was in love with my partner, I never did anything wrong, but I’ve had bad advice.
Really appreciate all your help.
A slight recap.
I am Austrian.
I lived legally in the US on a students VISA from age 6 to 20, then when I left the country was turned away by POE official ( in 2004) . I was enrolled in Full Time Education in this time, but since I did not leave the US, my entry exit VISA was way out of date.
Was later banned from US for 10 years since they thought I had overstayed, but since enrolling in FTE each year automatically extends the Student VISA they accepted I had done nothing illegal and overturned the ban.
I had a house with my US Citizen girlfriend, who I had lived with for 3 years, so since this was early 2005 and I was now banned from the US, it seemed like a good time to get married – the relationship at this point was very strong. I applied for the K3.
In early 2008 I entered the US on the K3, after 12 months the relationship had broken down and we got divorced – I left the US immediately.
But the company who had employed me in the US really wanted me back so they applied for a H1B visa around 6 months ago.
Since coming back to the UK one year ago, I have loved it and wanted to stay.
In order to see my US based Mum and Dad ( both Austrian) and my half brother for xmas, I applied for ESTA and was completely honestly, I got the ESTA approved which I did not expect since I has previously been turned away at the border- I think they “let me withdraw my application”, but they did escort me to jail for the night and force me back on the plane the next day, so this sounds more like “denied entry”
To be sure that I could visit I applied for a B2 visa also ( this was 1 month ago) ( as suggested my my immigration lawyer – who I think is not very good now) , in this interview I showed I had been in the UK for nearly a year, that I had a UK bank account, a job, and had not taken the down the H1B. ( I wanted to show I had no migrant intent)
They turned me down saying I had too many roots in the US and I needed to spend a lot longer building roots here.
Desperate, and after getting even more confusing advice about my eligibility on the VWP, to be sure I applied again to ESTA and was , as expected refused this time.
Nearly there…..So at this point even though I had no wishes to live in the US, they thought I was too likely to overstay , despite not taking up my H1B.
Now, oddly, in the last 2 weeks I have been offered an amazing job working for a very notable person – one of the worlds most talented and inspiring people and also well known.
I am very keen to take up the job offer ( which starts in 5 months)
But.
1) Could I take up the old ( unexpired H1B for another firm, then transfer it to the new person?
2) If so, I presume I need 2 months pay checks from job number one and to do it for a while.
3) If the second job offer needs a H1B, is this another H1B, and therefore if the quota is expired I won’t be able to get it?
4) Would I even have any hope of getting my H1b in an interview, when around 2 months ago I was telling them I had no intension of moving to the US?
5) In all of this, is the fact my H1B sponsor a very famous and rich person, who really wants me to work there going to make any difference?
6) Presumably if I was denied the H1B in an interview, my chances of a B2 in the next year would be very much at risk since since I am behaving so contrarily.
Thanks for reading so far, I can see from reading this that it does appear that I am desperate to move to the US, and that I’ll do anything to get there. It’s actually not the case, I was in love with my partner, I never did anything wrong, but I’ve had bad advice.
Really appreciate all your help.
Dec 1st 2009, 12:35 pm
#2
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: H1B approved, then B2 denied, can I take up H1B?
3) If the second job offer needs a H1B, is this another H1B, and therefore if the quota is expired I won’t be able to get it?
4) Would I even have any hope of getting my H1b in an interview, when around 2 months ago I was telling them I had no intension of moving to the US?
5) In all of this, is the fact my H1B sponsor a very famous and rich person, who really wants me to work there going to make any difference?
6) Presumably if I was denied the H1B in an interview, my chances of a B2 in the next year would be very much at risk since since I am behaving so contrarily.
Ian
Dec 1st 2009, 5:58 pm
#3
Pedantic Moron
Joined: Jan 2009
Location: Hiding from the weather
Posts: 566
Re: H1B approved, then B2 denied, can I take up H1B?
If the person who wants to be your H1B sponsor is a very famous and rich person, who really wants me to work here, why don't you get him to stump up for a consultation with an immigration attorney.
I think you really need it more than the sometime suspect advice given on this and other forums. It would after all be nothing more than our opinion and it would be you, not us who would have to suffer the consequences.
I think you really need it more than the sometime suspect advice given on this and other forums. It would after all be nothing more than our opinion and it would be you, not us who would have to suffer the consequences.
