Endeavour2

Hi all,

I have a very urgent question - I'd appreciate it if anyone could give
me an answer before the end of Sunday...

If my employer enters an H1B visa application for me this year for the
2007 quota, I cannot enter the US on that visa until October 1st (-10
days). However, can I still enter the US under the visa waiver scheme on
the basis that I absolutely intend to leave again and still have ties
(spouse, home, job etc) in the UK?

Theoretical example: Employer puts in H1B for 2007 quote on June 1st. I
enter the US on June 30th on a visa waiver scheme. I leave the US a few
weeks later. During that time I have not worked for the employer who is
sponsoring my H1B. I then reenter the US on October 1st on the H1B.

I've read up on this and I believe there's no reason why I can't do
that, especially if I can prove my family and ties remain in the UK when
I enter on the visa waiver. Can anyone clarify?

Thanks in advance.

--

Elvira

> Hi all,
> I have a very urgent question - I'd appreciate it if anyone could give
> me an answer before the end of Sunday...
> If my employer enters an H1B visa application for me this year for the
> 2007 quota, I cannot enter the US on that visa until October 1st (-10
> days). However, can I still enter the US under the visa waiver scheme
> on the basis that I absolutely intend to leave again and still have
> ties (spouse, home, job etc) in the UK?
> Theoretical example: Employer puts in H1B for 2007 quote on June
> 1st. I enter the US on June 30th on a visa waiver scheme. I leave
> the US a few weeks later. During that time I have not worked for the
> employer who is sponsoring my H1B. I then reenter the US on October
> 1st on the H1B.
> I've read up on this and I believe there's no reason why I can't do
> that, especially if I can prove my family and ties remain in the UK
> when I enter on the visa waiver. Can anyone clarify?
> Thanks in advance.

I am not a lawyer and do not wish to give legal advice. All I can say
that my husband entered the US on the VWP after his future employer had
submitted the H1b paperwork. He did not have any problems, but your
mileage may vary.

--

J. J. Farrell

Endeavour2 wrote:
> If my employer enters an H1B visa application for me this year for the
> 2007 quota, I cannot enter the US on that visa until October 1st (-10
> days). However, can I still enter the US under the visa waiver scheme on
> the basis that I absolutely intend to leave again and still have ties
> (spouse, home, job etc) in the UK?
> Theoretical example: Employer puts in H1B for 2007 quote on June 1st. I
> enter the US on June 30th on a visa waiver scheme. I leave the US a few
> weeks later. During that time I have not worked for the employer who is
> sponsoring my H1B. I then reenter the US on October 1st on the H1B.
> I've read up on this and I believe there's no reason why I can't do
> that, especially if I can prove my family and ties remain in the UK when
> I enter on the visa waiver. Can anyone clarify?

Perfectly legal. Make sure you carry good evidence that you will leave
after the waiver entry, but I wouldn't expect that you'll need to show
it.

Endeavour2

> Endeavour2 wrote:
> > If my employer enters an H1B visa application for me this year for
> > the
> > 2007 quota, I cannot enter the US on that visa until October 1st (-
> > 10
> > days). However, can I still enter the US under the visa waiver
> > scheme on
> > the basis that I absolutely intend to leave again and still have
> > ties
> > (spouse, home, job etc) in the UK?
> > Theoretical example: Employer puts in H1B for 2007 quote on June
> > 1st. I
> > enter the US on June 30th on a visa waiver scheme. I leave the US a
> > few
> > weeks later. During that time I have not worked for the employer who
> > is
> > sponsoring my H1B. I then reenter the US on October 1st on the H1B.
> > I've read up on this and I believe there's no reason why I can't do
> > that, especially if I can prove my family and ties remain in the UK
> > when
> > I enter on the visa waiver. Can anyone clarify?
> Perfectly legal. Make sure you carry good evidence that you will leave
> after the waiver entry, but I wouldn't expect that you'll need to show
> it.

Thanks to both of you. Out of interest, apart from having a return
ticket to leave the US, what other evidence should I bring to show I
intend to leave again?

I can think of lots of things that demonstrate ties to the UK (my
business, my family, my home etc) but I can't think of how I'd actually
bring evidence or proof of that. Worst case, if I was asked, would it be
enough to tell the immigration official to call my family in the UK to
prove they are still there?

--

Elvira

> Thanks to both of you. Out of interest, apart from having a return
> ticket to leave the US, what other evidence should I bring to show I
> intend to leave again?
> I can think of lots of things that demonstrate ties to the UK (my
> business, my family, my home etc) but I can't think of how I'd
> actually bring evidence or proof of that. Worst case, if I was asked,
> would it be enough to tell the immigration official to call my family
> in the UK to prove they are still there?

Regarding evidence, I don't know. My DH only had his return ticket and
evidence of the purpose of his trip to the US, and he had no problems.
I suppose you could take recent salary, slips, bank statement and
utility bills.

--