Travelling to US on VWP while H1B is pending
 

Hi guys, I've spent quite a bit of time reading the posts on here but this is my first thread.

I've been offered a sponsored job starting in October with the H1B being applied for right now. I'm wanting to head over to the US completely as a tourist in May for a couple of months on the visa waiver program. I'll be conducting absolutely no work whatsoever whilst there, just travelling and seeing the sights.

The company that is applying for the H1B for me seem to think that travelling to the US at all while the visa application is in process will affect the application . Does anybody know if this is true? Does anyone have experience travelling to the US while they have a H1B processing?

Thank you very much in advance, I really appreciate it.

Re: Travelling to US on VWP while H1B is pending
 

It does not affect it at all. My OH traveled to the US whilst his H1B was pending and after it was approved and before he went over to start working.

Re: Travelling to US on VWP while H1B is pending
 

It will not.


It is not.


Many people do... it's a non-issue.

Ian

Re: Travelling to US on VWP while H1B is pending
 

Good info! thanks

Re: Travelling to US on VWP while H1B is pending
 

I have read the whole thread and find myself in a similar situation. My British GF has been given a Job in the states so I visit on a regular basis on the VWP. Completely separately (and from a mate in the UK) I have been offered a job there and they are applying for a H1B.....

This will mean I will not be able to work until Oct (if approved) although my job in the UK ends soon. I would like to visit, spend time with, my GF (for long periods) I wont be doing anything work related and will return to the UK periodically, I don't think I would be breaking any rules but does anyone think this would be an issue at boarder control or with Visa application?

Re: Travelling to US on VWP while H1B is pending
 

Not for the H1-1B visa application but visiting too often and too long could cause some concern at the border with a possible refusal of entry. Usually the POE officer will give a warning before you will be refused entry on your next entry on the visit using the vwp.

Re: Travelling to US on VWP while H1B is pending
 

The longest period you can visit is 90 days at a time.

I'm not sure what you mean by "will return to the UK periodically", as you'll have to return to the UK before each 90-day visit is up. Making back to back trips is not a good idea, it can get you turned away at the POE for trying to live in the USA as a visitor. Best rule of thumb is to spend more time outside the USA than you were just inside...so if you visit the USA for 88 days, stay out 90+ days before attempting another VWP visit.

Rene

Re: Travelling to US on VWP while H1B is pending
 

Also might become a IRS issue with significant presence for tax purposes.

Re: Travelling to US on VWP while H1B is pending
 

It's not an issue, CBP as far as I can tell are not aware of pending petitions unless they actually go looking for them in their system.

It's a question I've asked CBP on more than one occasion, and they never give me a straight answer for "security reasons". I know they can look them up but I'm not sure if it automatically appears when the I-797 confirming the status has been issued. But pending petitions don't seem to show up unless they look for them in the USCIS database.

Anyway whenever you visit the US the trick is non-immigrant intent but H-1B is dual-intent so no idea why they would care.