GeordieMike

Hey folks,

I'm currently coming to the end of my H1B visa (expires in January) and I can not renew it as it's came to the end of the six year period.

However, my company really wants to keep me on and I was wondering if it's possible to return to the UK at the expiration of my H1B visa, then apply for a B1 visa and then reenter the US for the duration of that visa (which I believe is 3 months to a year depending on the job). After one year I would then be able to reapply for my H1B.

The company, although located in the US would be paying me in pounds into my UK account and I would theoretically be a UK resident just working in the US on a temporary basis.

Anyone see any issues with this? Experienced this in the past?

Thanks in advance!

Noorah101

Yes, your plan has issues. See this thread for relevent details:

http://britishexpats.com/forum/showthread.php?t=642724

Rene

scrubbedexpat099

You can not work in the US on a B1 visa.

Why did you not go for GC?

GeordieMike

Saw the link to past discussions - doesn't look like a B1 is an option.

I didn't go with the green card because when they advertised my job hundreds of people applied (!) so the lawyers didn't want to risk applying and possibly failing to get one.

Is there an alternative? What happens if I come over as a tourist and leave after 90 days?

Noorah101

Nothing happens....you can come visit the USA on the VWP for 90 days, no problem. But you are very limited as to the type of business you can be doing on the VWP. It's the same as the B-1.

Rene

GeordieMike

How can one find out the type of business that can be conducted under a VWP? Can't find anything on the travel.state.gov website although it does say the following "Note also that travelers planning to work or study cannot travel on VWP, and they must obtain the appropriate visa to travel to the United States. " hence my question.

christmasoompa

If you do a search of the forums you'll find the exact wording, but basically it's only things like attend meetings or conferences.

meauxna

What ideas have "the lawyers" had?

ian-mstm

There's a reason that it's left deliberately vague... it allows the officers at the POE the widest possible latitude in making a decision whether or not to admit someone.

Ian

GeordieMike

I feared that. Oh well.

emartin

In general, you can't provide any service to a US company or receive a benefit from them while in visitor status, whether B visa or VWP. Plus, any time that you spend in the US does not count towards your one year abroad in entitling you to another 6 years of H-1B status. You need to be physically outside the US for 365 days. So if you spend 4 weeks in the US, you can only reapply for H-1B status after 56 weeks.