Using VWP with H1B in passport

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Old Nov 27th 2019, 6:44 pm
  #1  
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Default Using VWP with H1B in passport

Any ideas on how this might work:

Person A has a stamped H1B, valid for 3 years.

Person A resigns from job, and departs from the USA prior to expiry of the 60 day grace period.

Shortly thereafter, Person A wants to re-enter the US on VWP to attend interviews and also travel/vacation. With a view that, once a job offer is received and new employer files new H1B petition (with no need to go through lottery). Person A flies back to UK, accepts job offer, and re-enters on H1B and new job offer.

Would having a stamped H1B on file make it more difficult to prove sufficient ties to home country? Has anyone else been in this situation before? I understand that you should mark “no” on the question re: employment on ESTA, on the basis that for that trip you are not looking to “work” you are merely looking to interview.

Any thoughts?
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Old Nov 27th 2019, 7:18 pm
  #2  
tht
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Default Re: Using VWP with H1B in passport

Originally Posted by Mjdee86
Any ideas on how this might work:

Person A has a stamped H1B, valid for 3 years.

Person A resigns from job, and departs from the USA prior to expiry of the 60 day grace period.

Shortly thereafter, Person A wants to re-enter the US on VWP to attend interviews and also travel/vacation. With a view that, once a job offer is received and new employer files new H1B petition (with no need to go through lottery). Person A flies back to UK, accepts job offer, and re-enters on H1B and new job offer.

Would having a stamped H1B on file make it more difficult to prove sufficient ties to home country? Has anyone else been in this situation before? I understand that you should mark “no” on the question re: employment on ESTA, on the basis that for that trip you are not looking to “work” you are merely looking to interview.

Any thoughts?
Will you have moved your residence back to another county if asked to prove your home ties / given up your property in the US? Also remember you will need proof of return / onward travel when seeking admission as a VW-T with an approved ESTA.
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Old Nov 28th 2019, 10:48 am
  #3  
tht
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Default Re: Using VWP with H1B in passport

Originally Posted by tht

Will you have moved your residence back to another county if asked to prove your home ties / given up your property in the US? Also remember you will need proof of return / onward travel when seeking admission as a VW-T with an approved ESTA.
Sorry when I said “you” I meant “Person A”
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