Visa for job interview in USA

[anakinNYC 0]

Hi,

I am a software developer, currently staying in Bangalore, India. I am interviewing with companies in the US and a couple of them have invited me for on-site interviews in the US. (I have previously worked in US for 3.5 years with H1-B and my new H1-B should be cap-exempt). I am now thinking about how to safely take up the on-site interviews.

1. Is B-1 visa the correct visa to take up job interviews in US? Or is B-2 visa better?

2. How long can I stay in the US, if I'm taking up B-1 visa? (I would like to stay for at least 2 weeks and have more on-site interviews scheduled. Want to have better chances of getting one job at least)

3. Is the 30-60 rule applicable for both B-1 and B-2 visa or only B-2 visa? After traveling to US on B-1, is it risky to apply for H1-B immediately and should I wait for a certain period of time?

I really appreciate any input on these questions.

Thank you!

[phy 1]

Hi,

1. I think the immigration offer usually decides which of B-1/B-2 visa you fall at the time of your entry to the US. You need to clearly inform him of your intentions of visiting US (for job-interviews).

2. Again, the immigration officer will determine the length of your stay, usually a minimum of three months. If you had all your previous records clear, you may be able to get a stay length o of upto six months. Two weeks is not a problem.

3. B- visas are non-dual intent non-immigrant visas. So 30-60 rule DOES APPLY. As for the risk determination, you should consult a good lawyer, but MY GUESS is that applying immediately H1-B should not be a problem as long as you are NOT applying for adjustment of status (and imply your intentions of immigrating to US; H1-B is still a non-immigrant visa though dual-intent) and planning to return and re-enter US. But, I would always consult a lawyer.

Hope this helps.

[anakinNYC 0]

Hi phy. Thank you, I really appreciate the input!

[jan22 3,056]

You should not plan on staying in the US and changing status to the H1, since an employer can't even file a petition for you until April, there will likely need to be a lottery drawing from among the petitions filed since there will likely be more petitions than visas availablet (and your petition might not be drawn in the lottery ), and the earliest a new H1 could start work is October 1, 2015. So, you're looking at 10 months or so before you could legally work in the US, if all works out. Doubt that, even if granted an extension of your B1 entry until then, that you would be able to show you could support yourself that long in the US without working.

[anakinNYC 0]

Hi Jan22, thanks for your response.

I am only trying to stay in the US long enough so I can take up few on-site interviews. (I'm not planning to stay for period of months and I will definitely be leaving the US and then have my employer to file for an H1-B).

At this point I do have a couple of on-site interviews and I have only question bothering me at this point. If I go to the US for interview on B-1/B-2 visa will I be allowed to stay in the US strictly for the interview duration ( or will I be able to stay a few extra days after the inteview ) ? As I mentioned I would like to stay in US for a few days and attend maybe three or four on-site interviews.

I would definitely appreciate any inputs on this.

Thanks,

anakinNYC

[phy 1]

As mentioned previously, on a tourist visa the maximum one can stay within US continuously is for six months at a time, I guess. But the actual length of stay is decided by the immigration officer at the time of entry. I believe they ask your purpose of visit, and sometimes exact dates and places you would go in the immigration interview at the port of entry, but they may not be picky too much on these dates determining your stay length. Plus explicitly mentioning your intention of staying say for a month or two will give them enough information and you may be granted a stay long enough for your purpose.

This is all assuming you have enough funds to support your stay that long. In absence of any such arrangements, I don know if they allow a longer stay. Do you have a relative or friend willing to invite you? That may be a good supporting document.

Edited January 26, 2015 by phy

[anakinNYC 0]

Hi.

Yes, I do have friends/relatives who are in the US and they can invite me to stay for some time. (Also, the companies who are calling me for on-site should be sending me invites). Would it be better if I show both these documents at the visa interview?

Thanks,

anakinNYC

[phy 1]

Hi.

Yes, I do have friends/relatives who are in the US and they can invite me to stay for some time. (Also, the companies who are calling me for on-site should be sending me invites). Would it be better if I show both these documents at the visa interview?

Thanks,

anakinNYC

It won't hurt keeping them ready, in case the CO wants them.