S Folinsky

Be nice.

I was directly on point in replying to your post and specifically noting your error. I also specifically noted how and why your link was inaposite.

As for your last line, you actually hit a crux of the problem, when an actual conflict arises between the two clients, the attorney cannot represent either one.

Peace.

destone

I suggest an in-person meetup over a pint or two.

Itwillrain

I just moved mine from Oct to Dec end . Waiting for 1 year or so. Didn't want to jeopardise the visa. Will wait longer

Former Lancastrian

I find it interesting that those who think a NIE was important to travel to the USA are now reconsidering seeing as they could be refused a visa or perceive problems so they are now cancelling/requesting new interview dates as the US relaxes restrictions.

tariqbutt

What do you mean by this?

As a side note I think a lot of confusion comes from the fact that for ESTA travel, the NIE basically optional since one could always go to a third country if the NIE application failed. However where it was not optional was when you ere getting on a visa since in that case not having the NIE meant a visa denial. If I was travelling on an ESTA Id have no problem going to mexico for 2 weeks. Some of my work colleagues did this for short trips. However as someone picking up a visa I want to remove as many possible avenues to a visa denial as possible.

S Folinsky

I am stilled somewhat puzzled about your concerns. So be it.

For those of you following this thread, it should be borne in mind that a visa refusal is, by nature, what us legal types call "without prejudice" to a new application. It is common for prior refusals to be overcome and visa issued. We in the immigration field know this in our bones. I wouldn't be surprised if this was part of OP's lawyer's statement of "no downside" to a refusal based upon lack of NIE.

tariqbutt

I have to admit Im puzzled by your puzzlement.

Are you in agreement that having a visa denied would severely affect my ability to get an ESTA going forward? This part is an open question for me and Id love to hear other opinions on it in case I have misinterpreted it. Its still not clear to me how long a denial would limit access to using an ESTA (forever?).

I travel to the US 5 or 6 times a year on average for business. Anecdotally: I was put on a project in 2019 solely because I was able to fly to the US at a moments notice (for a hackathon my company was entering, and we subsequently won) when my more qualified colleague "would not be able to get a visa in time" since his nationality didnt allow travel on an ESTA. Not being able to quickly travel on an ESTA at best is going to be hassle and at worst will affect my career for worse.

I cant see how there is confusion about my concerns.

S Folinsky

I am still confused and puzzled. You are quite clear that it is important to you to use ESTA even though you appear to be eminently qualified for a B-1/2 visa which for UK citizens is valid for multiple entries for 10 years. In fact, as a general rule, the frequency of your visits is often considered a reason to obtain a B visa.

As I mentioned before, if you haven’t already, discuss this with your lawyer.

destone

Anyhow, I believe we have a quorum. The OP delayed his visa appointment from Oct to Dec to minimize any fallout from a potential visa denial due to the NIE requirement which will lapse in Nov. Sounds sensible to me.

S Folinsky

It is projected to lapse, which may or may not happen. Also, OP does not really give any real potential fallout. I wonder if OP really wants the H-1B visa. I am unable to ascertain the reason why he is OK with the delay.

tariqbutt

Potential fallout from a delay?

From my employers perspective there is none. The US team are waiting for me to arrive but the UK team need me to stay longer. Ive managed expectations with the US team and not made any promises on arrival date.

For me? I had to move out of my apartment in at the start of September as my lease ended. I am currently staying in a friend's spare room. I had expected to be living in the US by now. I will move into an AirBNB next week which is not cheap.

However when I made this post the main fallout I envisioned was having to move my appointment from October to March 2022. However that turned out not to be an issue since I found an appointment in the first week of December. Honestly Im happy with that timing.

christmasoompa

But a B-1/2 requires a trip to London for an interview (for all we know the OP lives on the Isle of Unst), and potentially a huge amount of additional cost. Fair enough if he'd rather not lose access to ESTA, I'd be the same personally.

S Folinsky

OP is free to do whatever he wants and there is no need to justify it.

As I noted earlier any case has multiple factors to be considered. noted early on that perhaps his attorney should not have used "no downside" in an absolute sense. If you may note, I try to put in qualifying language.

I also wonder if OP spoke to his attorney about his concerns.

destone

Food for thought:

United States cannot stop issuing visas during travel bans, federal judge rules

https://www.northjersey.com/story/ne...ng/6009536001/

tariqbutt

Very interesting!