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Travelling during RFE on teh Visa Waiver Programme

Travelling during RFE on teh Visa Waiver Programme

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Old Nov 30th 2009, 7:39 pm
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Default Travelling during RFE on teh Visa Waiver Programme

I am currently working in WI.

Our company has applied for a L1-B visa for a French colleague. His application has been processed and we received a RFE (Request for Evidence) two weeks ago.

This is not surprising and something that can be handled.

I have two questions:

i) We are considering not responding. We are concerned that if it is declined, then he will no longer be eligible for the VWP. Is this a valid concern?

ii) When will he be able to re-enter the US using the VWP programme? His he able to do it this month?

Thank you!

George
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Old Nov 30th 2009, 10:51 pm
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Default Re: Travelling during RFE on teh Visa Waiver Programme

What is he supposed to be doing on the VWP?
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Old Nov 30th 2009, 11:58 pm
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Default Re: Travelling during RFE on teh Visa Waiver Programme

Originally Posted by Boiler
What is he supposed to be doing on the VWP?
Good question.

He would be attending a number of workshops at one of our US customers. We are being employed by the client to deliver a global IT project. Currently the team is located in Europe and the US.

He would be here 'on business', not 'tourism' or 'working'.

George
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Old Dec 1st 2009, 12:14 am
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Default Re: Travelling during RFE on teh Visa Waiver Programme

Sounds like work to me.
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Old Dec 1st 2009, 1:23 am
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Default Re: Travelling during RFE on teh Visa Waiver Programme

Originally Posted by gck303
We are considering not responding. We are concerned that if it is declined, then he will no longer be eligible for the VWP. Is this a valid concern?
No, it's not a valid concern. Why? Because the visa has already been applied for and is being processed. If you don't respond, it'll be denied for lack of follow up. If you do repsond and it's denied... well, it amounts to the same thing. Result = nothing to lose by responding.

Ian
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Old Dec 1st 2009, 2:10 am
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Default Re: Travelling during RFE on teh Visa Waiver Programme

Originally Posted by ian-mstm
No, it's not a valid concern. Why? Because the visa has already been applied for and is being processed. If you don't respond, it'll be denied for lack of follow up. If you do repsond and it's denied... well, it amounts to the same thing. Result = nothing to lose by responding.

Ian
For the life of me I can not remember the answer, but I know it has come up.

Has the applicant been denied a visa or the employee?

I think it is the former which may be significant for ESTA.

I think it would be reasonable to expect additional questioning, assuming ESTA is still OK.
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