Travel to the US prior to H!-B petition being filed
Dec 1st 2010, 11:05 am
#1
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Travel to the US prior to H!-B petition being filed
OK so my arduous journey for my visa continues.
Having been stalled for several reasons such as letters of confirmation, incorrect filing fees and general slowness of mail arriving, im still waiting for the petition itself to be presented.
I asked you guys prior about if it would be ok to travel to the states whilst my petition was active, and the response confirmed that there should be no problems, however - the immigration lawyers in the States are saying differently. they say that i run a very high risk of being denied entry to the States based on the fact that it would be hard to satisfy immigration that my intent is to return to England even though i will have a return ticket. i also have a rental agreement, and im still working for an English company on the English payroll. However as they will be aware there is a petition to emigrate to the US in progress, they will be more stringent about my intent to return.
So Now i want to know if my new idea will work or if it is more likely to cause any issues.
If i travel to the US before my petition is filed (which is apparently on Monday) so that immigration will not be aware of my H1-B application when i arrive. Would this cause any issues with my actual petition? Immigration will not see that i am going through any process so should not have to try so hard to satisfy them, but would it have a negative impact on my actual application in the UK seeing that I am all ready in the States when the petition is filed?
Look forward to the feedback.
Just so you all know, im not trying to find away to get around the system, im trying to find the solution that allows me to spend time with my family who are in michigan for christmas.
Prior to the process starting, we were told that there would not be any issues for me to use a VWP to go back and forth from the UK to the US pending the outcome of the H1, however this was told to us by the company internal lawyer, and this does not reflect the information provided to me by the immigration lawyers which is annoying.
Having been stalled for several reasons such as letters of confirmation, incorrect filing fees and general slowness of mail arriving, im still waiting for the petition itself to be presented.
I asked you guys prior about if it would be ok to travel to the states whilst my petition was active, and the response confirmed that there should be no problems, however - the immigration lawyers in the States are saying differently. they say that i run a very high risk of being denied entry to the States based on the fact that it would be hard to satisfy immigration that my intent is to return to England even though i will have a return ticket. i also have a rental agreement, and im still working for an English company on the English payroll. However as they will be aware there is a petition to emigrate to the US in progress, they will be more stringent about my intent to return.
So Now i want to know if my new idea will work or if it is more likely to cause any issues.
If i travel to the US before my petition is filed (which is apparently on Monday) so that immigration will not be aware of my H1-B application when i arrive. Would this cause any issues with my actual petition? Immigration will not see that i am going through any process so should not have to try so hard to satisfy them, but would it have a negative impact on my actual application in the UK seeing that I am all ready in the States when the petition is filed?
Look forward to the feedback.
Just so you all know, im not trying to find away to get around the system, im trying to find the solution that allows me to spend time with my family who are in michigan for christmas.
Prior to the process starting, we were told that there would not be any issues for me to use a VWP to go back and forth from the UK to the US pending the outcome of the H1, however this was told to us by the company internal lawyer, and this does not reflect the information provided to me by the immigration lawyers which is annoying.
Dec 1st 2010, 12:16 pm
#2
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Re: Travel to the US prior to H!-B petition being filed
I'm not an attorney and so all I can give you is advice based on my own personal experiences. When we filed for our H visas we travelled several times to the US on the VWP with no problems.
I honestly don't think you'll have a problem using the vwp due to your H petition. You're still not guaranteed entry (no one is) but from what you've said there should be no great risk (imo)
Travel and answer any questions at POE honestly but don't offer any extra information.
I honestly don't think you'll have a problem using the vwp due to your H petition. You're still not guaranteed entry (no one is) but from what you've said there should be no great risk (imo)
Travel and answer any questions at POE honestly but don't offer any extra information.
Dec 1st 2010, 12:44 pm
#3
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Re: Travel to the US prior to H!-B petition being filed
I tend to agree with Lisa on this one David. Even though we had our petition filed, we travelled as a family to the US on the usual visa and there was no problem. We were never asked about our H1-b petition at all so I don't see it as a problem either, but then again, nothing in this world is certain. Hope you get to spend Christmas with your family and if not, have a great Christmas anyway 
Dec 1st 2010, 1:55 pm
#4
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Re: Travel to the US prior to H!-B petition being filed
Ian
