B1, B1 in lieu of H1B, or waiver?

[PVisa 0]

Hi, I'm hoping to make a trip to the US and am in need of advice. My situation is this:

I'm a UK citizen and self-employed engineer, working for my own company.

I've been doing contract work for a US company for around a year. My company receives payment from the US company, which in turn pays my salary and also pays for equipment and other expenses.

The work involves close collaboration with employees of the US company, based in the US.

Late last summer I made a 3-month trip to the US to integrate my work with other aspects of the project, which I estimated would take 8 weeks. While my work could loosely be termed 'installation of equipment', qualifying my for entry under a business vias, I thought I would play it safe and ask the US embassy in the UK. They advised me I needed a B-1 in lieu of H1-B visa, and after an interview at the embassy, I was granted one, valid for 12 months, until August 2014. I was told that if I worked significantly more than 8 weeks, I would be violating the terms on which my visa was granted. A visa page was added to my passport, with the class 'B1' and an annotation 'IN LIEU OF H'.

On entering the US, I was given a very hard time at the border, the guard telling my visa was in a category that didn't exist, and expressing frustration at the UK embassy staff for routinely giving the wrong visas, for quota-based reasons that I found hard to understand. Eventually he let me in, after I was able to confirm some seemingly arbitrary details about potential intellectual property belonging to my company. I completed the trip and came back to the UK late November 2013.

Now, I need to return to the US again, and I have the following concerns:

My last entry was difficult. Perhaps the guard was trying to scare me, but it felt like I could easily have been denied entry. I don't want a repeat of that situation.

My last trip was 3 months, I hope to return after only 2-3 months back in the UK. This might attract suspicion.

The following might work in my favour:

The work has produced some intellectual property, which may result in a patent for me, but this is still in progress.

This trip can be shorter than the first one if necessary, perhaps 6-8 weeks, with 4-6 weeks of work.

My options as I understand them are as follows:

Re-enter using my existing 'B1 in lieu of H1-B' visa, despite the fact it was granted for my previous trip, and there will be records specifying this.

Re-enter using a visa waiver, claiming the 'engineer installing equimpent' category.

Apply to the embassy again, likely undergoing a time-consuming interview process ending up with another B1 in lieu of H1-B, or risking rejection of my application.

Can anyone offer advice on what course of action is likely to get me smooth access for the period I need?

Thanks in advance.

Edited January 16, 2014 by PVisa

[rade2rising 205]

Sorry too complicated I am not certain. I think its best to consult a lawyer...there is alot of gray area here

[Teddy B 17,252]

I don't know how true this is, but might be worth a read.

The B1 in lieu of an H1B

In certain limited circumstances, the U.S. Consulate may issue an employment-authorized B1 visa where the work to be undertaken would usually require an H1B visa.

This provision is particularly applicable to situations where you may need a non-US company to send a member of staff to the U.S. for a limited period in order to undertake specific projects for you; or where you wish to bring in an employee of an overseas subsidiary, affiliate, or parent for a limited period.

The requirements for acquiring a B1 in lieu of H1B are:

• The work to be undertaken in the US must be H1B level – i.e., the worker must be engaged in a ‘speciality occupation’;
• The worker must permanently employed (i.e., not a contractor) and paid by the employer outside the U.S.;
• The worker may receive no compensation from a U.S. source, except expenses ;
• The worker must have a degree relevant to the services to be provided– there is no provision for work experience to be considered equivalent to a degree, as there is under the H1B.

The B1 in lieu of H-1 visa generally takes one to two weeks to obtain, and considerably more supporting documentation is required than for a normal B1 visa. Periods of admission and extension are the same as for the standard B1 visa (i.e., generally 6 months). If the necessary conditions are satisfied, the applicant can apply for a visa.

It should be noted that, in rare circumstances, holders of this visa encounter problems when trying to enter the U.S. This is because this visa has not been formally recognized by U.S. Citizenship and Immigration Services (USCIS), even though it is issued by a U.S. Consulate or Embassy.

http://workerpermit.us/?page_id=106

Edited January 20, 2014 by Teddy B