Switching from L1-B (with waiver) to B2 visa
Nov 3rd 2009, 10:43 am
#1
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Joined: Oct 2005
Posts: 19
Switching from L1-B (with waiver) to B2 visa
I recently quit my job in the states and moved back to the UK but I need to go in and out of the country for a while to tie up all my loose ends and stuff. Only problem is that my employment officially ends on nov 9th and therefore so does my visa, the visa has a waiver on it so I'm not eligible to travel to the country without a new visa.
My L1 currently has an expiration of Jan 2011 and so does the waiver on it.
Does anyone know if I can easily transfer this waiver to a B2 tourist visa without having to provide a copy of my record again to the embassy?.. I'm happy to go to the embassy for the visa but I'd rather not wait 6 weeks for the forms from the police I've had to provide every other time my waiver has expired.. difference is this time the waiver isn't expiring, I just want to change the status of the visa.
Related.. does anyone know if there is any leniency toward using a work visa to enter the country in this situation?
Thanks
My L1 currently has an expiration of Jan 2011 and so does the waiver on it.
Does anyone know if I can easily transfer this waiver to a B2 tourist visa without having to provide a copy of my record again to the embassy?.. I'm happy to go to the embassy for the visa but I'd rather not wait 6 weeks for the forms from the police I've had to provide every other time my waiver has expired.. difference is this time the waiver isn't expiring, I just want to change the status of the visa.
Related.. does anyone know if there is any leniency toward using a work visa to enter the country in this situation?
Thanks
Nov 3rd 2009, 12:39 pm
#2
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Switching from L1-B (with waiver) to B2 visa
Does anyone know if I can easily transfer this waiver to a B2 tourist visa without having to provide a copy of my record again to the embassy?
Ian
Nov 3rd 2009, 1:14 pm
#3
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Switching from L1-B (with waiver) to B2 visa
He can't use the VWP. He has a 212(d)(3)(A) waiver of ineligibility on his L1 visa. He probably has CIMT/Controlled substance issues or a prior overstay.
He's asking if the waiver notation would simply be migrated to his new visa, or if he would have to go through the waiver process again with associated delays. He also doesn't want to wait for police records.
I'd say the length of the approval process is dependent on how long ago the convictions were. If they were long enough ago, the consulate could make the decision on their own. If not, they may need to get concurrence from DHS. That would add time.
If the last police record is old then they're going to want to see them again to see if any new offenses are on them. They may take the same record again, but only if they are recent.
He's asking if the waiver notation would simply be migrated to his new visa, or if he would have to go through the waiver process again with associated delays. He also doesn't want to wait for police records.
I'd say the length of the approval process is dependent on how long ago the convictions were. If they were long enough ago, the consulate could make the decision on their own. If not, they may need to get concurrence from DHS. That would add time.
If the last police record is old then they're going to want to see them again to see if any new offenses are on them. They may take the same record again, but only if they are recent.
Last edited by crg; Nov 3rd 2009 at 1:18 pm.
