eims

Iam working for my UK firm in the USA, I have a in lieu of H1B visa and when I entered the US in November my passport was stamped and I was given three months. I returned home at Christmas and have arrived back this week - my passport was stamped with a new date giving me until April. My main question is which date do I have to abide with to remain within US Immigration law.

I would really appreciate any help/advice anyone could give me on this!!

Thanks!

Just Jenney

I'm confused: WHAT do you have in lieu of an H1B visa? Since you said you can stay for "three months" (probably 90 days) then I'm assuming you're here on the VWP (visa waiver program).

If that's true, then there should really be TWO questions in your post: 1) How long can I stay in the US currently? and 2) Am I allowed to work in the US while here on the VWP?

As for the first question, assuming you were here before on the VWP also, the clock stopped the moment you left the US. A new clock started when you reentered the US. So, you can stay until April.

As for the second question, the answer is no.

~ Jenney

BigDavyG

I'm guessing this punter is still getting paid in the UK - my old outsourcing firm used to send us out here on the VWP to work and we got away with it. If they ever asked at the airport you said you were here for training or a conference.
I didn't realise you could have multiple 3 month stays on the VWP though -I thought it was just 3 months in any rolling 12 month period - you live and learn.

eims

Thanks for the feedback!

I should clarify myself I did a Visa interview at the consulate and the visa that I was issued with was a year long B-1 in Lieu of H-1B Visa - Doing Business in the USA allowing me to work in the US, yet does not require the filing and approval of a petition to the US Citizenship and Immigration Services like most work visas do. It also does not involve a US employer.

Upon entry into the USA on this my passport was stamped saying I had only a three month entry, i went home for Christmas and on my return was given another stamp for three months, even though the first three month period has not yet expired, I suppose my real question is which stamp date is the date that I must leave?

Thanks again in advance for any help anyone can give!!

NC Penguin

My advice would be to post in the US Visas forum on BE. Plenty of threads on subjects such as yours.


NC Penguin

AdobePinon

Weird. I thought B-1 for work was six months with option to extend for six more. Better stick it in the visa forum.

scrubbedexpat099

There are certain circumstances where a B1 can be used, this must be one of them.

The pertinant date is the one on the I94. A Visa is an entry document, status is determined by I94, in this case 3 months.

ShelleyMan

We have just been going through a similar problem, we have E2 visa's the visa expires in March 2006, but our I-94 has a diffent date, April 2007, we were told that we were allowed to stay until the date on the I94 and did not have to worry about the visa, when we next leave the US we need to get our visa renewed in the country we had it issued - so if we stay in the US we have no worries - we just have to pay $200 to have the I-94 extended when it is about to expire. There are different rules on all visa's so best to call DHS for clarification.

fatbrit

The last place to call is DHS (presumably you mean the 1-800 USCIS #) for any advice you can assuredly act upon. It is not known here as the misinformation line for nothing.

ShelleyMan

My appologies - I had called so many different numbers, listened to so many recordings, that it's a bit of a blur right now.

fatbrit

It's okay! Don't act on ANYTHING they tell you on that line as it's a contracted out service.

ukemigrant

A colleague I know did that but was eventually caught and lots of awkward questions were asked. They sent him home immediately and all his stuff was left here for a long time