B-1 Visa whilst being a contractor

[Deony 0]

Hi!

So, I am engaged, but we're taking things slowly. Right now, I am working as an Independant Contractor for a US-based company, working at home as a programmer. I would like to visit for a six-month period to see both my sweetheart and various friends in Nevada, but working out how to do so appears to be a headache. I was wondering if anyone had any advice? I am a UK citizen, with passport and all, and am going over to visit friends and see the sights, but want to work as I can do so from my laptop. I'm paid into my UK account, pay taxes here etc, and am not sure how I should go about setting this up, if I can continue working whilst out there, or what visa to apply for. I'm going there strictly for pleasure, just would take my laptop to work on.

Or if it would be easier to use the Visa-Waiver program, and drive down to Mexico when it is closer to expiring, and then coming back to get another Waiver. Is this even possible?

Absolutely any suggestions would be brilliant as this is driving me nutso.

Hugh

[Boiler 46,091]

You vist her for a few weeks, she visits you.

Anything else and you are risking a denial of entry.

VWP is good for 90 days max, best to leave it at least as long before trying again.

Your chances of a B Visa are next to nil.

[TimsDaisy 0]

You B visa chances may be higher than nil, but we do take working over here without authorization very seriously. HOWEVER, that said, I would research more if I were you. We're not necessarily work visa experts here, since family visas are a different world. If you truly would be simply checking in on your UK work while physically here in the US, that might not be an issue. But I don't know.

The short trip to Mexico probably won't re-start your time in the US. A trip all the home may. A friend of ours was here on a B visa for 6 months, went home for a bit more than 2 weeks, and came back. He got a load of ####### at the border ("how come you think you get to come back here!?") but was eventually let back in. Not all are so fortunate however, and please, trust me when I say that losing your visa waiver program privileges (which you will lose in a heartbeat if you screw up) WILL NOT HELP YOUR RELATIONSHIP.

Visas are granted for Brits to come for longer than the 90 period, but I think a wiser thing to do would be to come under the VWP for 90 days, and then go home for a bit. Protect that VWP access!!!!!!

We certainly didn't appreciate what a luxury it is the freely travel between our countries until one of us couldn't anymore.

[Saddle Bronc 124]

You B visa chances may be higher than nil, but we do take working over here without authorization very seriously.

Eh, B-1 visa is actually business (work) visa; unfortunately, all-too-oft confused with B-2 (plain-jane visitor nonwork).

HOWEVER, that said, I would research more if I were you. We're not necessarily work visa experts here, since family visas are a different world. If you truly would be simply checking in on your UK work while physically here in the US, that might not be an issue. But I don't know.

The short trip to Mexico probably won't re-start your time in the US. A trip all the home may. A friend of ours was here on a B visa for 6 months, went home for a bit more than 2 weeks, and came back. He got a load of ####### at the border ("how come you think you get to come back here!?") but was eventually let back in. Not all are so fortunate however, and please, trust me when I say that losing your visa waiver program privileges (which you will lose in a heartbeat if you screw up) WILL NOT HELP YOUR RELATIONSHIP.

Visas are granted for Brits to come for longer than the 90 period, but I think a wiser thing to do would be to come under the VWP for 90 days, and then go home for a bit. Protect that VWP access!!!!!!

We certainly didn't appreciate what a luxury it is the freely travel between our countries until one of us couldn't anymore.

There is also another option, though not headache-free. Do the visit in Canada (though Deony will need to check into the issue of working there freelance). No effect on VWP access, so long as Deony doesn't cross into US.

[Boiler 46,091]

B1 is not a work visa.

[Saddle Bronc 124]

B1 is not a work visa.

Actually, it is--as business (the basis of this visa) is never going to be accomplished without work.

But, it is really meant for short-term (few days, to maybe a week), not six-months at a stretch.

What about the "outside-box" approach I suggested (of Deony doing the visit to Canada instead of US)?

Edited June 28, 2007 by CherryXS

[Boiler 46,091]

B1 is not a work visa.

Actually, it is--as business (the basis of this visa) is never going to be accomplished without work.

Big big difference between a work visa, and a B1.

As I am sure the OP would find out if he tried to get one to work in the US.

[Deony 0]

Thank you all very much for the advice, I'm going to sort something out short term instead and see where I go from there. Certainly don't want to put the K-1 or the Waiver at risk, so am going extremely carefully.

Thanks all!

[Saddle Bronc 124]

Deony, does the US company you contract for have a Canadian branch?

[Boiler 46,091]

Thank you all very much for the advice, I'm going to sort something out short term instead and see where I go from there. Certainly don't want to put the K-1 or the Waiver at risk, so am going extremely carefully.

Thanks all!

It is theoretically possible to obtain a L Visa in your circumstances, depends on the details. May be something to pass by your Employer. They will need to refer it to their Immigration Lawyers.

The worst case scenario for a B application is that they say no, you would then have to declare a refused visa when using the VWP, and that tends to produce a grilling. Not always, but usually.

[Saddle Bronc 124]

Thank you all very much for the advice, I'm going to sort something out short term instead and see where I go from there. Certainly don't want to put the K-1 or the Waiver at risk, so am going extremely carefully.

Thanks all!

It is theoretically possible to obtain a L Visa in your circumstances, depends on the details. May be something to pass by your Employer. They will need to refer it to their Immigration Lawyers.

That may have been better to do in the first place (instead of the K-1). AOS can be done from L-1 as well

The worst case scenario for a B application is that they say no, you would then have to declare a refused visa when using the VWP, and that tends to produce a grilling. Not always, but usually.

I've even been asked more than once (while I was on TN-1) at the PFI whether I had been refused entry into US (two complete refusals, plus one "delay due to improper TN-1 offer letter). And this was as a Canadian who can usually simply "try again"--so I can see that it could be much nastier for VWP.

[Boiler 46,091]

VWP is different.

[Saddle Bronc 124]

VWP is different.

I know, zyggy already informed me that had the refusals that I got been under VWP, I would have needed to apply for visitor visa for any subsequent "just visit" trips.

Based on this thread, I doubt that Deony is dual Canuck-Limey (as there would have been a rather obvious and simple solution in that case).

[Boiler 46,091]

VWP is different.

I know, zyggy already informed me that had the refusals that I got been under VWP, I would have needed to apply for visitor visa for any subsequent "just visit" trips.

With a low probability of getting one.