H1B Problems
Apr 25th 2012, 5:03 pm
#1
Just Joined
Thread Starter
Joined: Dec 2011
Posts: 17
H1B Problems
Hello!
Rant first and then a question...
A few of you may remember that I posted a few months ago with H1B queries. Basically my company attorneys had missed the deadline, so we had to wait until April 1st to file again.
Anyway, it was filed a few weeks ago using premium processing. The petition was approved and all my paperwork arrived today. Just called the London Embassy to make my appointment. Went through all the security stuff, paid my $190 fee and booked an appointment in a couple of weeks. Got a call back a few mins later to say they'd made a mistake. Turns out that you can't have an interview until 90 days before your visa starts (in my case October 1st, so can't have the interview until July). I wouldn't care, but it was the embassy's fault for not realising and at £1.23 a minute that was a damn expensive call!
Just thought I'd point out the 90 day rule, as I wasn't aware of it and I've seen a few posts on here recently about people applying for H1Bs to start in October.
[/Rant over]
Anyway, onto the question.
I'm going to work for the company in the UK for a few months, before moving to the US when my H1B starts on October 1st. The plan has always been to travel to the US perhaps twice between June and October (although once would be fine) to attend a couple of meetings. Trips would be for 5 days max. I also thought about going there on vacation in the next few months to look at houses etc.
However, the law firm that the company use say that I'm not allowed to make any trips to the US, as it will jeopardise my H1B visa. This is the first I've heard - I thought I could go over on the VWP regardless of whether or not I have an H1B starting soon.
What do you guys think? I know you'll probably say to take the advice of the attorneys, but as a bit of background, they've been absolutely useless from the start and have made quite a number of mistakes. I'm reluctant to trust them, and even my company are saying that what they're saying doesn't sound right!
Very stressed out with the whole thing...right now it feels like I'll never get there!
Rant first and then a question...
A few of you may remember that I posted a few months ago with H1B queries. Basically my company attorneys had missed the deadline, so we had to wait until April 1st to file again.
Anyway, it was filed a few weeks ago using premium processing. The petition was approved and all my paperwork arrived today. Just called the London Embassy to make my appointment. Went through all the security stuff, paid my $190 fee and booked an appointment in a couple of weeks. Got a call back a few mins later to say they'd made a mistake. Turns out that you can't have an interview until 90 days before your visa starts (in my case October 1st, so can't have the interview until July). I wouldn't care, but it was the embassy's fault for not realising and at £1.23 a minute that was a damn expensive call!
Just thought I'd point out the 90 day rule, as I wasn't aware of it and I've seen a few posts on here recently about people applying for H1Bs to start in October.
[/Rant over]
Anyway, onto the question.
I'm going to work for the company in the UK for a few months, before moving to the US when my H1B starts on October 1st. The plan has always been to travel to the US perhaps twice between June and October (although once would be fine) to attend a couple of meetings. Trips would be for 5 days max. I also thought about going there on vacation in the next few months to look at houses etc.
However, the law firm that the company use say that I'm not allowed to make any trips to the US, as it will jeopardise my H1B visa. This is the first I've heard - I thought I could go over on the VWP regardless of whether or not I have an H1B starting soon.
What do you guys think? I know you'll probably say to take the advice of the attorneys, but as a bit of background, they've been absolutely useless from the start and have made quite a number of mistakes. I'm reluctant to trust them, and even my company are saying that what they're saying doesn't sound right!
Very stressed out with the whole thing...right now it feels like I'll never get there!
Apr 25th 2012, 5:36 pm
#2
BE Forum Addict
Joined: Apr 2007
Location: Charleston, SC
Posts: 1,455
Re: H1B Problems
My OH went to the US in the July of the year he got his H1B and we didn't go to the Embassy until towards the end of August. No problems at all. He did ESTA and had no problems at all.
Apr 25th 2012, 7:02 pm
#3
now I know my J,C,B's
Joined: Feb 2005
Location: NE Ohio
Posts: 2,215
Re: H1B Problems
I came over on VWP back in 2005 before my H1B started. Had no issues at all. Didn't know about that 90 day rule. I'd need to go digging to see when we had the embassy appointments back then
Apr 25th 2012, 9:15 pm
#4
Forum Regular
Joined: Feb 2012
Posts: 56
Re: H1B Problems
I do recall being advised of the same thing prior to our h1b. I think that it's something to do with the USCIS presuming you are going there to work, they may frown upon it.
Please note that you may walk into the interview with all the paperwork and walk out having being denied a visa so I wouldn't count your eggs before they've hatched, essentialy you've been approved for your visa interview, that doesn't mean they will issue you the visa.
I don't mean to pour cold water on anything but I know how fickle the immigration system is so I would advise you to hold off buying anything until you have been told by an immigration officer after your interview that he has approved your visa application and tells you to hand in your passport for visa stamping.
Good luck, I hope it all goes well for you!
Please note that you may walk into the interview with all the paperwork and walk out having being denied a visa so I wouldn't count your eggs before they've hatched, essentialy you've been approved for your visa interview, that doesn't mean they will issue you the visa.
I don't mean to pour cold water on anything but I know how fickle the immigration system is so I would advise you to hold off buying anything until you have been told by an immigration officer after your interview that he has approved your visa application and tells you to hand in your passport for visa stamping.
Good luck, I hope it all goes well for you!
Apr 26th 2012, 3:47 pm
#5
Just Joined
Thread Starter
Joined: Dec 2011
Posts: 17
Re: H1B Problems
Thanks everyone. I thought it would be OK to travel, but it's unlikely my company are going to believe me over the lawyers!
nuttyandfruity Thanks for the good luck! I know the visa can still be declined, which is why I'm still so worried. In my mind, I was going to go to the embassy next week and get it sorted, but now it's another few months before I'll know for definite what's happening. So stressful...but I know everyone on this board knows all about that!
nuttyandfruity Thanks for the good luck! I know the visa can still be declined, which is why I'm still so worried. In my mind, I was going to go to the embassy next week and get it sorted, but now it's another few months before I'll know for definite what's happening. So stressful...but I know everyone on this board knows all about that!
