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-   -   Travelling to US on VWP while H1B is pending (https://britishexpats.com/forum/usa-57/travelling-us-vwp-while-h1b-pending-753646/)

brewdizzle Apr 3rd 2012 12:40 am

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.

SarahG Apr 3rd 2012 1:06 am

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.

ian-mstm Apr 3rd 2012 1:10 pm

Re: Travelling to US on VWP while H1B is pending
 

Originally Posted by brewdizzle (Post 9986066)
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.

It will not.



Does anybody know if this is true?
It is not.



Does anyone have experience travelling to the US while they have a H1B processing?
Many people do... it's a non-issue.

Ian

ecca Nov 12th 2012 6:14 pm

Re: Travelling to US on VWP while H1B is pending
 
Good info! thanks

Fred_t_Frog Mar 5th 2013 11:16 pm

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?

Michael Mar 6th 2013 12:25 am

Re: Travelling to US on VWP while H1B is pending
 

Originally Posted by Fred_t_Frog (Post 10586116)
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?

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.

Noorah101 Mar 6th 2013 1:02 am

Re: Travelling to US on VWP while H1B is pending
 

Originally Posted by Fred_t_Frog (Post 10586116)
II would like to visit, spend time with, my GF (for long periods)

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


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?
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

Bob Mar 6th 2013 1:06 am

Re: Travelling to US on VWP while H1B is pending
 

Originally Posted by Michael (Post 10586211)
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. ...

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

Steve_ Mar 12th 2013 5:34 pm

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.


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