miltones

I am currently midway through a month long trip to the states on vwp. I was just wondering if anyone has experience of transferring from a vwp to b1 without returning to the UK?

I have a flight booked to London in early Febuary, which I hope to reschedule.

I want to apply for a 6 month B1 visa. Can I do this from within California?

If not, is Canada or Mexico an option, assuming I have a solid case?

Noorah101

You cannot change to any other status from within the USA while on the VWP. It's not allowed.

Why do you need a B1 suddenly? Has your employer back home asked you to do some business in the USA? B1 is a visa for conducting business in the USA.

You cannot apply for a visa of any kind from within the USA. There is no US embassy or consulate inside the USA. A visa can only be obtained from outside the USA.

Canada and Mexico might be able to issue a visa, but since they aren't your home country, they have the right to refuse.

Rene

ian-mstm

There is no mechanism to change from the VWP to any other status while you are in the US - unless you happened to marry a US citizen.


Visas are issued at a US Consulate outside the US... therefore, you can't get a US visa while you are in the US. End of story.


You are always free to apply in either Canada or Mexico - but, even if you "have a solid case" there's no guarantee that you'll be successful... and, as a third party national (meaning you have no status in either country or in the US) neither is obligated to process the paperwork.

Ian

miltones

Thanks Ian. So are you saying that i can apply in Mexico?

Noorah101

You can try to apply in Mexico. They have the right to refuse and ask you to apply in your home country.

Rene

miltones

Awesome , thanks very much.

Hotscot

Why do you need it? We're curious.

Noorah101

Looking at his past posts, looks like he's been trying to find a way to do business or work in the USA. His previous posts were on how to get an L visa.

Rene

miltones

Yes the purpose of the B1 visa is to lay the groundwork for a new business in the USA.

An L visa is a possibility for the future, but is off the table right now as B visa affords sufficient permissions for all planned activities.

Noorah101

You need to be aware that if you go to Mexico and the B1 application is denied, you will need to reapply for ESTA, declaring the visa denial. This usually leads to ESTA denial for about 6 to 12 months.

You would have to go back home from Mexico, and could risk even visiting the USA for up to a year.

Rene

miltones

Thanks yes it does seem a risky path. I will likely head to London to apply.

Noorah101

You can do the same B1 activities on the VWP, if you declare that intent at the POE. Returning for another VWP trip to do these activities is probably safer than applying for a B1, especially from a 3rd party consulate like Mexico.

Rene

Noorah101

You run the same risk in London, it's just that you won't be faced with having to rebook a flight from Mexico.

Rene

Hotscot

Oh..of course...some sort of translation service.

Miltones. You came over to scout out some business locations. How's that going?

Are you still in SF and you were cautious of lawyers or something to that effect?

AdsUK

Just a thought, if you are looking for 6 months and have to fly home to apply for a B1 anyway, then why not stay for the 90 days the VWP allows you, fly home for a period of time, then fly back on the VWP again for a further 90 days. To me that sounds less hassle than applying for the B1, and then if things are working you can go for the L.

A wider question - many people have issues getting a B2 approved due to being eligible for the VWP and are subsequently declined, this I assume would apply for a B1 too?