Using VWP with H1B in passport
#1
Forum Regular
Thread Starter
Joined: Jan 2016
Posts: 57
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?
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?
#2
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,855
Re: 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?
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?
#3
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,855
Re: Using VWP with H1B in passport