ian-mstm

I need to add, that if you end up meeting the Internal Revenue Service's "substantial presence" test, you will become liable to file a US tax return.

Ian

discoviking

That would be pointless. Renewing your ESTA application before the B2 interview will not leave you with a valid ESTA if your B2 visa is denied. You would still have to apply for ESTA and declare the visa denial before you could travel on the VWP again following your visa interview in that case. That includes traveling to Hawaii, as Hawaii is part of the Unites States.

supercat68

Right - how this for a change of plan? I call the embassy and change for b2 application to a b1. After speaking at length with my boss, he would like me to go to the us for the 6 months to meet with potential clients and look into opening a us branch.

Firstly, can I change the type of visa I'm applying for and secondly what would my company need to provide in terms of paperwork?

Noorah101

The business one does on a B-1 does not usually entail needing to stay in the USA for 6 continuous months. It's for attending a meeting, or attending a trade show, or to make a few contacts. All that can usually be done in a week or two.

You can try for a B-1, but if it gets denied, you're still stuck in the same boat with a denied visa, and having to redo ESTA to declare the visa denial.

I also don't think you can change the type of application ahead of time...you applied already, online, for a B-2 visa. But I'm not 100% sure on that one.

Those business activities you mentioned, are also allowed on the VWP, as long as you declare your intentions at the POE, so I don't really see the need for a B-1 to do those things.

Rene

supercat68

so either way, if I go to the interview and get declined, or cancel the appointment it's a 'denial' I'm screwed??

Noorah101

If you go to the interview and it's denied, it's a denial. If you skip the interview and don't show up, it's a denial. If you call and officially cancel the appointment, it's a denial.

You can call and try to postpone the interview date.

You can go to the scheduled appointment and hope for an approval.

Those are your choices.

Rene

SanDiegogirl

I've never heard of a more agreeable boss, nor one who after "speaking at length" decides that a 6 month visit to the States to suss out potential new clients and possible new US office is in order

How fortunate that this new business plan coincides with the "researcher" being desperate to return to the US because of a love interest

supercat68

I'm very lucky. They want to look into starting a us branch here so as one of the most senior members of staff he is happy for me to go.

am i able to postpone the embassy appointment, change it to the B1 application and then just stay in london for a couple of extra weeks so I will have been back for 1 month?

SanDiegogirl

I'd postpone the appointment, change to the B1 application then get your business/new office/sales plan together for the B1 interview.

Let us know how you get on.

supercat68

I'll call the embassy first thing tomorrow and push back the appointment and ask if I can change it from a B2 to B1 application.

Now, because of my booked Hawaii holiday, should I stay in the UK for 4 weeks, come to LA for a couple of weeks and then on to Hawaii as planned returning straight to the UK and THEN do the appointment? The biggest risk here I assume is being turned down at immigration at LAX. Would that happen even with return tickets and hotel confirmation?

Or should I try and get the appointment for this trip to the UK and get it over and done with?

ian-mstm

Anytime you ask for permission to enter the US, you risk being denied entry and sent back home. This is true whether or not you have a visa. It has happened to others on occasion... but there's no way to know, in advance, whether or not it'll happen to you.

Ian

Noorah101

I'm having a hard time figuring everything out. You have too many things going on at the same time:

1. Wanting to come to the USA on your current ESTA so you can go to Hawaii in June (this means postponing your B-1 or B-2 visa interview until AFTER you get back from the Hawaii trip...otherwise you risk not being able to travel to the USA at all).

2. But you mention wanting to change the B-2 appointment to a B-1 and push it back only a couple of weeks, making it 1 month later, which would be the end of May. You can do that, but it could result in a visa denial, which would mean an ESTA denial, which would mean you're not going on the Hawaii trip.

3. Wanting to spend more time in the USA as a tourist, to visit your boyfriend on a B-2 visa....but then also conveniently having the chance to come on a B-1 business visa; therefore wanting to change your B-2 appointment to a B-1 appointment...the embassy will of course know you've changed your mind, and will probably want to know why you wanted a B-2 in the first place, if the B-1 is the one you really want now.

4. Even if you postpone the B-1 / B-2 visa interview until after you return from the Hawaii trip, you still have to attend the interview eventually, which could result in a visa denial, which then results in an ESTA denial, which still means you wouldn't be coming back to the USA anytime soon. But of course, now that you would have an appointment booked, you might as well go and see if you can get approved.

Rene

SanDiegogirl

I think the OP is trying to find anyway possible to get to stay in the US longer than the VWP will allow.

Her 'plans' change as each problem/issue/circumstance comes up.

We will have to wait and see what happens after Wednesday

scrubbedexpat099

Well, yes.

Marocco

As far as I understand, any visa application is booked as a denial within 24 hours. So, it sounds as if OP already has a visa denial.