bmflex

Jscl thank you for your reply, I'll look at that post now. I am extremely worried at the moment. I accepted a new job with this uk based company, have quit my old job and handed notice in on my apartment. The Company has several other workers who have b1 visas who are doing the same thing at the moment. I have no knowledge of the process, and having done my own research and following their guidance the b1 seems the best option. Its just a rather daunting process, and to come here, asking for advice only to be met with comments calling me arrogant and essentially brainless are unnecessary and rude.

Thank you for your advice though. I am probably confusing the two. The office is based near Mountain View in San Jose, and have been told cupertino or palto alto are where i should be looking for accommodation.

Silverdragon102

My understanding is the B1 is for people that work permanently in a different country to the US but come over for short periods to work in the US. It does not allow you to move and work in the US for longer periods especially 12 months or more and doesn't allow you to move as a permanent resident


Business Visitor Visas (B-1) - For example, if the purpose for your planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business visitor visa (B-1) would be the appropriate type of visa for your travel. After reviewing this website information, should you need additional information about business related (B-1) visitor visas; select Business Travel to the United States – What Type of U.S. Visa Will You Need.

http://travel.state.gov/visa/temp/types/types_1262.html

Jscl

Yeah, I know some people here can be rather harsh. Sorry though, I know nothing of your visa process myself.

San Jose is one of the cities in Silicon Valley, and Mountain View is one of the cities in Silicon Valley, so I think Silicon Valley or "South Bay" is the phrase you need to say (although you don't hear SV so much these days). Mountain View is up at the top of the South Bay so you'd ideally want to look for places up around there. Some places towards the centre of San Jose/Santa Clara (another city) can give you a really troublesome commute if you're going to be heading up to Mountain View each day, so something nearer one of freeways (101 or 85 might be better for you). If you're temporarily at a hotel first though you can get a feel of the place for yourself.

Hope it works out for you!

md95065

A lot of people look at the description of the B-1 in lieu of H-1B and think that it is the answer to their problems.

As far as I know, the B-1 in lieu of H-1B is quite difficult to get and definitely not a "do it yourself" project - you will need the advice of an experienced immigration attorney on the kind of supporting evidence that you will need to provide.

bmflex

It appears a B1 in lieu of a H1B is slightly different to a B1, has a more regimented application process and affords similar rights to the H1B. Although from the post quoted by jscl (#30) it would appear the strict cap has already been reached for this year...

This is awful. It sounds as though i am totally at a loss. I have found a UK based law firm who deal with US immigration law and will contact them first thing on Monday.

Silverdragon102

Yes the H1b cap has been reached so next is wait until April 2013 employer files H1b and you wait for interview and job start of Oct if successful with interview

ian-mstm

With respect, you need to know that the US Supreme Court has upheld the notion that you can not count on, as accurate, anything told to you by a US government employee. It's a dangerous combination... the people you spoke to are not lawyers, and they can not be held liable for anything they tell you. If you act on any information you receive from them and it turns out they were wrong, it is your problem... and yours alone.

While many of the comments made in this thread were somewhat off-the-cuff, no one here wants to see you get into trouble because of misinformation you've recieved.

Ian

civilservant

This is correct - so an October 2013 start would be the earliest that an H1B would allow you to live in the US. Clearly even if you could get a B1 for work purposes this would be stretching it pretty thin.

I would echo the sentiments about an experienced immigration attorney. If you need any suggestions there are several previous threads on here that detail experiences with specific law firms.

ian-mstm

ESTA (Electronic System for Travel Authorization) not ESTER.

Also, ESTA is not a visa. It's travel authorization. It allows you to get on the plane without a visa so that when you arrive at a US port of entry, you can ask permission to enter without a visa on the VWP (Visa Waiver Program)... waiver = no visa!

You need to know that if you enter the US on the VWP you have no rights whatsoever with respect to immigration... none at all. That's the price you pay for visa-free entry!

Ian

sir_eccles

One wonders if your company is taking liberties with the rules if as you say there are several others in the US on B1s. Perhaps trying to do things on the cheap. Are they paying for the visa? Are they paying you to fly out then fly back for the visa application?

Remember it will be you who pays the consequences not the company.

zerlesen

Not to jump to conclusions here, but this makes me think of the current case against Infosys. That is to say, it sounds sketchy. The scope of business activities permitted on the B-1 or VWP is extremely limited, and the very fact that you're talking about renting an apartment indicates that you're thinking of a longer-term arrangement. Thing is, while the company certainly can get in trouble as well, as far as the US is concerned you're liable for your own actions - so talking to your own lawyer is definitely a good idea.

Venabili

Didn't B1 in lieu of H1B have one additional requirement - the short duration of the task?

12 months (or more) is stretching this requirement a little bit.

Awesome Welles

I'm unsure if my experience either helps or hinders, but I used B1 as a crisis solution when my psychotic L1A employer started to get particularly unreasonable and I needed a temporary parachute.
I had a US based attorney arrange a B1 for me, in lieu of a pending E1, in that I was establishing a new treaty trader business.
From what I recall, I could not be paid by the US entity, until the E1 petition was approved and it all had to have been completed within 6 months. Naturally the UK-based E-1 entity had to play ball too.
I did not have the additional complications on SSN and drivers license issues, having been in the US for 4 years on the L1A at that point.

bmflex

Yes, the company is paying for the visa, flights to and from the country etc. The others on past projects have flown out for a couple of days every fortnight to conduct requirements gathering meetings before completing the work in the UK. I simply asked my boss to be based out there full time instead of flying to and from the states each week as I will be the project lead. Personally, I think its more of a case of ignorance on behalf of the company and myself regarding these matters. I think speaking to a immigration lawyer is my first port of call on Monday.

A quick question... My team and I will be flying out on the 14th October to continue the preliminary requirements discussions. No work is being carried out yet these are simply requirements gathering. They have already all travelled out on ESTA waiver forms, for the first round of talks. Do you think I am, in your knowledge, safe to travel out for 2 weeks or so (all employees staying in hotels) for the initial talks and then reassess or do you think I should ask my employer to cancel my flights and refuse to fly on the grounds that I don't feel our project is being handled in the correct manner with regards to immigration?

Thank you all for your help. I know I must sound entirely clueless, but despite research and speaking to the consulate for advice (on their £1.20 a min advice line...) I am still none the wiser. I appreciate all your prompt responses and apologise for my ignorance. It is a daunting process and now more than ever I am incredibly worried if I did the right thing leaving my job for this company...

Jerseygirl

I would ask your imm lawyer. Remember you have made a fraudulent statement when applying for ESTA and you have already told the US Embassy of your plans to live and work in the US.

There are plenty of people who post on here that are much more knowledgable than I. I think they normally advise the use of a US imm lawyer as they should have more knowledge about US imm law. A couple used to post on here...perhaps someone will come along with a recommendation.