urgent - Visa waiver + H1B
May 6th 2006, 3:12 pm
#1
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Thread Starter
Joined: Apr 2006
Posts: 21
urgent - Visa waiver + H1B
Hi all,
I have a very urgent question - I'd appreciate it if anyone could give me an answer before the end of Sunday...
If my employer enters an H1B visa application for me this year for the 2007 quota, I cannot enter the US on that visa until October 1st (-10 days). However, can I still enter the US under the visa waiver scheme on the basis that I absolutely intend to leave again and still have ties (spouse, home, job etc) in the UK?
Theoretical example: Employer puts in H1B for 2007 quote on June 1st. I enter the US on June 30th on a visa waiver scheme. I leave the US a few weeks later. During that time I have not worked for the employer who is sponsoring my H1B. I then reenter the US on October 1st on the H1B.
I've read up on this and I believe there's no reason why I can't do that, especially if I can prove my family and ties remain in the UK when I enter on the visa waiver. Can anyone clarify?
Thanks in advance.
I have a very urgent question - I'd appreciate it if anyone could give me an answer before the end of Sunday...
If my employer enters an H1B visa application for me this year for the 2007 quota, I cannot enter the US on that visa until October 1st (-10 days). However, can I still enter the US under the visa waiver scheme on the basis that I absolutely intend to leave again and still have ties (spouse, home, job etc) in the UK?
Theoretical example: Employer puts in H1B for 2007 quote on June 1st. I enter the US on June 30th on a visa waiver scheme. I leave the US a few weeks later. During that time I have not worked for the employer who is sponsoring my H1B. I then reenter the US on October 1st on the H1B.
I've read up on this and I believe there's no reason why I can't do that, especially if I can prove my family and ties remain in the UK when I enter on the visa waiver. Can anyone clarify?
Thanks in advance.
May 6th 2006, 4:28 pm
#2
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Joined: Jan 2005
Location: HOME
Posts: 23,181
Re: urgent - Visa waiver + H1B
Originally Posted by Endeavour2
Hi all,
I have a very urgent question - I'd appreciate it if anyone could give me an answer before the end of Sunday...
If my employer enters an H1B visa application for me this year for the 2007 quota, I cannot enter the US on that visa until October 1st (-10 days). However, can I still enter the US under the visa waiver scheme on the basis that I absolutely intend to leave again and still have ties (spouse, home, job etc) in the UK?
Theoretical example: Employer puts in H1B for 2007 quote on June 1st. I enter the US on June 30th on a visa waiver scheme. I leave the US a few weeks later. During that time I have not worked for the employer who is sponsoring my H1B. I then reenter the US on October 1st on the H1B.
I've read up on this and I believe there's no reason why I can't do that, especially if I can prove my family and ties remain in the UK when I enter on the visa waiver. Can anyone clarify?
Thanks in advance.
I have a very urgent question - I'd appreciate it if anyone could give me an answer before the end of Sunday...
If my employer enters an H1B visa application for me this year for the 2007 quota, I cannot enter the US on that visa until October 1st (-10 days). However, can I still enter the US under the visa waiver scheme on the basis that I absolutely intend to leave again and still have ties (spouse, home, job etc) in the UK?
Theoretical example: Employer puts in H1B for 2007 quote on June 1st. I enter the US on June 30th on a visa waiver scheme. I leave the US a few weeks later. During that time I have not worked for the employer who is sponsoring my H1B. I then reenter the US on October 1st on the H1B.
I've read up on this and I believe there's no reason why I can't do that, especially if I can prove my family and ties remain in the UK when I enter on the visa waiver. Can anyone clarify?
Thanks in advance.
May 7th 2006, 10:32 am
#3
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Posts: n/a
Re: urgent - Visa waiver + H1B
Endeavour2 wrote:
> If my employer enters an H1B visa application for me this year for the
> 2007 quota, I cannot enter the US on that visa until October 1st (-10
> days). However, can I still enter the US under the visa waiver scheme on
> the basis that I absolutely intend to leave again and still have ties
> (spouse, home, job etc) in the UK?
> Theoretical example: Employer puts in H1B for 2007 quote on June 1st. I
> enter the US on June 30th on a visa waiver scheme. I leave the US a few
> weeks later. During that time I have not worked for the employer who is
> sponsoring my H1B. I then reenter the US on October 1st on the H1B.
> I've read up on this and I believe there's no reason why I can't do
> that, especially if I can prove my family and ties remain in the UK when
> I enter on the visa waiver. Can anyone clarify?
Perfectly legal. Make sure you carry good evidence that you will leave
after the waiver entry, but I wouldn't expect that you'll need to show
it.
> If my employer enters an H1B visa application for me this year for the
> 2007 quota, I cannot enter the US on that visa until October 1st (-10
> days). However, can I still enter the US under the visa waiver scheme on
> the basis that I absolutely intend to leave again and still have ties
> (spouse, home, job etc) in the UK?
> Theoretical example: Employer puts in H1B for 2007 quote on June 1st. I
> enter the US on June 30th on a visa waiver scheme. I leave the US a few
> weeks later. During that time I have not worked for the employer who is
> sponsoring my H1B. I then reenter the US on October 1st on the H1B.
> I've read up on this and I believe there's no reason why I can't do
> that, especially if I can prove my family and ties remain in the UK when
> I enter on the visa waiver. Can anyone clarify?
Perfectly legal. Make sure you carry good evidence that you will leave
after the waiver entry, but I wouldn't expect that you'll need to show
it.
May 7th 2006, 12:19 pm
#4
Just Joined
Thread Starter
Joined: Apr 2006
Posts: 21
Re: urgent - Visa waiver + H1B
Thanks to both of you. Out of interest, apart from having a return ticket to leave the US, what other evidence should I bring to show I intend to leave again?
I can think of lots of things that demonstrate ties to the UK (my business, my family, my home etc) but I can't think of how I'd actually bring evidence or proof of that. Worst case, if I was asked, would it be enough to tell the immigration official to call my family in the UK to prove they are still there?
I can think of lots of things that demonstrate ties to the UK (my business, my family, my home etc) but I can't think of how I'd actually bring evidence or proof of that. Worst case, if I was asked, would it be enough to tell the immigration official to call my family in the UK to prove they are still there?
May 7th 2006, 1:17 pm
#5
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,181
Re: urgent - Visa waiver + H1B
Originally Posted by Endeavour2
Thanks to both of you. Out of interest, apart from having a return ticket to leave the US, what other evidence should I bring to show I intend to leave again?
I can think of lots of things that demonstrate ties to the UK (my business, my family, my home etc) but I can't think of how I'd actually bring evidence or proof of that. Worst case, if I was asked, would it be enough to tell the immigration official to call my family in the UK to prove they are still there?
I can think of lots of things that demonstrate ties to the UK (my business, my family, my home etc) but I can't think of how I'd actually bring evidence or proof of that. Worst case, if I was asked, would it be enough to tell the immigration official to call my family in the UK to prove they are still there?
Regarding evidence, I don't know. My DH only had his return ticket and evidence of the purpose of his trip to the US, and he had no problems. I suppose you could take recent salary, slips, bank statement and utility bills.
