Tourist

[Dakine10 5,452]

The first time I came to the States I was a pure visitor, the next few visits I was staying with my SO and with the benefit of hindsight I did all sorts of things the could be contentious.

You will see threads on here from people refused visa's who want to come to the US and look after the Grandchildren for 6 months, theoretically it makes no difference whether it is for a night or 6 months, in reality just do not push it and you will be OK.

Well that's the kicker though. It's a different scenario. You can't do any work that could affect a US worker whether paid or not.

[Boiler 46,007]

That is not the relevant factor.

[Dakine10 5,452]

That is not the relevant factor.

What do you believe the immigration violation is then? What do you see here that is outside the scope of B1/B2 activity?

What jhsm85 proposes to do would qualify as a permissable business activity for the B1 (see matter of Hira). And he has a B1/B2. At best this is a grey area. To pursue this would likely end up in the courts. Which might be a good thing because then ultimately, at some future date, we would have "matter of jhsm85" for guidance.

[Boiler 46,007]

B1/2 does not allow someone to work.

He could try turning up at the PoE and explaining he intendeds working remotely, I would not recommend this approach.

[Dakine10 5,452]

B1/2 does not allow someone to work.

He could try turning up at the PoE and explaining he intendeds working remotely, I would not recommend this approach.

No, but the B1/2 does define what constititutes employment and what constitutes business.

Assuming this issue has never been raised before, the only sure thing to do would be to bring it up at the embassy process. If the activity is questionable under the scope of the B1, they are supposed to get an advisory opinion at that time. Of course this could risk denial of the visa, so the first question is whether it's all necessary or not when the primary purpose of the visit is related to B2 activity.

I would not reccomend bringing it up at the border either. You would be risking a subjective denial rather than an objective one.

[Boiler 46,007]

It gets raised frequently.

You can make a fuss about it and live with the consequences or do what most people do.

[Dakine10 5,452]

It gets raised frequently.

You can make a fuss about it and live with the consequences or do what most people do.

You are missing the point. This type of business is allowed. Below is from the Tokyo embassy. This originally came from an advisory opinion. They will issue a B1 to people who will be working on their computers while in the US, and it's not considered US employment.

Telecommuters: Individuals temporarily resident in the United States who will be working from home as computer programmers for foreign based companies may be eligible for B-1 visas provided they satisfy the following conditions:

-The individual is employed by a company outside of the United States

-No remuneration will be received from a U.S. source, other than expenses incidental to the stay

-The work is in an occupation requiring a bachelor's or higher degree in the specific specialty and the individual has that level of education

If you believe that you may qualify for the B-1 visa, you should apply for a visa in order for your qualifications to be evaluated.

Again, the issue is can this be done on a B2? We know it's acceptable on a B1. And since they are routinely issuing B1 and B2's together, there is the option to ask to enter as either a tourist or a business visitor. The question is if you can do some of each.

[Stu4Lee 66]

The straight answer is that no you can not.

Quite how they would know is another issue.

Exactly.

There are far bigger fish to fry

[Harsh_77 718]

The straight answer is that no you can not.

Quite how they would know is another issue.

OP should be ok as per his visa agreement he is not working in US. He is not getting a paycheck in US nor is he working for US employer who is paying him in his home country to go around laws.

[Boiler 46,007]

That is not the definition of working.