Can i wait within US while waiting for the appointment? and i want to apply for an internship

[Meredith48 0]

Hello, i was not sure where to post these questions, if the family based forum or student exchange one.

 

I came here because a friend told me very good about this forum, I know I have to complete the profile, but I hope you forgive me, I'm going to do it later, since I'll still be here for a long time.

 

I am currently waiting for my priority date

I am applying for the F24 visa and my priority is F2B.

I don't know if that information is useful to you.

i currently have a tourist visa (B1/B2).
I work online and have my virtual company so i have lot of flexibility to work from anywhere.

 

And here are my two questions:
1- Can i stay i the United States until I get notified for my interview?
(since B1/B2 Visa can let you legally stay for only 6 months, (i would stay in 5 months intervals just to keep it healthy) would that affect my process?

2- I am interested in an internship for my career, it is a very good program for my area and all my friends who have applied have been accepted. I never applied because i was afraid it could interfere with my immigration process.

But i am still interested.

The program would request a J1 i think, if i apply, and they file for a j1 request for me, Would that affect my immigration process? would that affect my B1/B2 visa?, would the J1 be denied?

 

Thank you a lot in advance guys!

 

 

[powerpuff 6,446]

31 minutes ago, Meredith48 said:

work online and have my virtual company so i have lot of flexibility to work from anywhere

You’re not allowed to work in any shape or form (remote or otherwise) while in the US on a B1/B2. That would be violating the terms and conditions of your visa.

 

32 minutes ago, Meredith48 said:

would stay in 5 months intervals just to keep it healthy

What does this mean exactly? 
 

you can’t live in the US on a B2 and wait out the process. 
 

33 minutes ago, Meredith48 said:

The program would request a J1 i think, if i apply, and they file for a j1 request for me, Would that affect my immigration process?

No 

33 minutes ago, Meredith48 said:

would the J1 be denied?

Possibly. It’s a non-immigrant visa and you clearly have an immigrant intent. However, a denial won’t affect your immigration process. 

[Meredith48 0]

3 minutes ago, powerpuff said:

You’re not allowed to work in any shape or form (remote or otherwise) while in the US on a B1/B2. That would be violating the terms and conditions of your visa.

 

What does this mean exactly? 
 

you can’t live in the US on a B2 and wait out the process. 
 

No 

Possibly. It’s a non-immigrant visa and you clearly have an immigrant intent. However, a denial won’t affect your immigration process. 

But then, there is a failure here, because every time i go to the states i go with my laptop and i attend to my business from my laptop..  how does that work then?

 

 

Quote

 

What does this mean exactly? 
 

you can’t live in the US on a B2 and wait out the process

 

staying LEGALLY for 5 month with my B1 B2 visa

 

[powerpuff 6,446]

Just now, Meredith48 said:

But then, there is a failure here, because every time i go to the states i go with my laptop and i attend to my business from my laptop..  how does that work then?

Then you have already violated the terms and conditions of your visa. CBP can and does inspect phones and laptops so once they find out, expect to go through expedited removal and your B2 being revoked. 
 

2 minutes ago, Meredith48 said:

staying LEGALLY for 5 month with my B1 B2 visa

Obviously. However, the wording of “intervals” throws me off. If you’re planning to stay that long, then be prepared to stay out of the US for at least 10 months before trying to make a trip back, to be safe.

[powerpuff 6,446]

3 minutes ago, powerpuff said:

expect to go through expedited removal and your B2 being revoked. 

To add, also expect to receive a ban for 10 years for a serious violation like that.

[Meredith48 0]

9 minutes ago, powerpuff said:

Then you have already violated the terms and conditions of your visa. CBP can and does inspect phones and laptops so once they find out, expect to go through expedited removal and your B2 being revoked. 
 

 

Quote

Obviously. However, the wording of “intervals” throws me off. If you’re planning to stay that long, then be prepared to stay out of the US for at least 10 months before trying to make a trip back, to be safe.

10 months for me is ok to re enter

 

There is something wrong here, because, then,. if i go with a family trip to Disney for ten days and my company needs me and i have to do some emails some purchases, write couple of letters and couple of zoom meetings...   i mean, this is a very common scenario that i have seen LOT of times in hotels in family vacation trips, suddenly the wife or husband have to attend the work or the business while on vacation... then... their are violating the law and SHOULD BE REVOKED TOO..

 

Two years ago i stayed 5 months to help my mother with an issue and my b1/b2 visa expired 10 months ago, the consul asked me if i have stayed in the US longer than 20 days and i said yes, i stayed 5 months, and he asked me why i said because my mother needs me, and the consult asked me how how did i with my job in my country i told him i own a company and i manage it from my computer from anywhere, no more question asked.

 

(i edited again because i remembered, 5 months before my visa expiration ate i stayed 3motnhs and 5 days)

 

what happened here then?

Edited July 9, 2023 by Meredith48

[powerpuff 6,446]

CBP and consular officers are different entities. CBP is the final authority on who enter the US even though you have a valid visa. As I said there are plenty of stories of CBP inspecting phones and laptops.

2 minutes ago, Meredith48 said:

than, their are violating the law and SHOULD BE REVOKED TOO..

Absolutely. They just haven’t been caught yet. 
 

 

Im not going to add or explain anything anymore because I’m not here to condone fraud. I have been on this forum long enough to see where this discussion ends. Just because others do it, doesn’t mean it is allowed or makes it right in any way. 

[Meredith48 0]

Just now, powerpuff said:

CBP and consular officers are different entities. CBP is the final authority on who enter the US even though you have a valid visa. As I said there are plenty of stories of CBP inspecting phones and laptops.

Absolutely. They just haven’t been caught yet. 
 

 

Im not going to add or explain anything anymore because I’m not here to condone fraud. I have been on this forum long enough to see where this discussion ends. Just because others do it, doesn’t mean it is allowed or makes it right in any way. 

well, thank you a lot for thr information.

 

the rule for stay safe while on vacations on US is to dont even think to touch anything job related, not even reply a single job related emauil, neither texting my colleagues lol  oh God!  This is crazy, how many emails i have asked to my colleagues and employees to reply me when they are visiting US.. and friends too....

 

 

 

 

 

[powerpuff 6,446]

Think about it this way: is it worth taking that risk knowing you have an immigrant case pending and you’re enjoying the privileges of a B2 visa? To each their own, for me the risk/reward ratio makes it not worth it.

 

You were already questioned on a long stay of 5 months previously. I know you can legally stay for 6 months, however it does (and already did) raise questions as to how you can vacation for that long.  I would be cautious with long, frequent visits. It’s not something tourists visiting the US can usually do.

 

 

[Meredith48 0]

2 minutes ago, powerpuff said:

Think about it this way: is it worth taking that risk knowing you have an immigrant case pending and you’re enjoying the privileges of a B2 visa? To each their own, for me the risk/reward ratio makes it not worth it.

 

You were already questioned on a long stay of 5 months previously. I know you can legally stay for 6 months, however it does (and already did) raise questions as to how you can vacation for that long.  I would be cautious with long, frequent visits. It’s not something tourists visiting the US can usually do.

 

 

i know i know, thank you for reasoning that way, i think the same.

 

i am just trying to find a way to get into that internship, because honestly i don't want to wait one or two years until i get my GreenCard to apply for that program, i was just trying to find a way.

[Meredith48 0]

and also double thanks because everytime i enter to the US and the CBP ask me what do i do for living i proudly said, i work form my computer 🤣.

 

My God, two travels ago they even asked me how long are my vacations and i annswered: "i own the business, but i am staying 15 days only" 🤦‍♀️

 

i would have to change that or not to mention that obviously happy lol

Edited July 9, 2023 by Meredith48

[Boiler 44,852]

I have seen people get away with all sorts of weird stuff.

 

Until they do not.

 

I take it you realise how long a F2b will take?

[SalishSea 17,458]

4 hours ago, Meredith48 said:

But then, there is a failure here, because every time i go to the states i go with my laptop and i attend to my business from my laptop..  how does that work then?

 

 

staying LEGALLY for 5 month with my B1 B2 visa

 

How that works is that you’ve been working illegally and not getting caught.

 

Between that and your plan to abuse your B visa privileges, you’re tempting fate.

[appleblossom 1,898]

10 hours ago, Meredith48 said:

well, thank you a lot for thr information.

 

the rule for stay safe while on vacations on US is to dont even think to touch anything job related, not even reply a single job related emauil, neither texting my colleagues lol  oh God!  This is crazy, how many emails i have asked to my colleagues and employees to reply me when they are visiting US.. and friends too....

 

 

 

 

 

Certain work related activities are permitted on a B visa - things like attending meetings, or a conference etc are fine. What you can't do is just do your normal daily job from the US without work authorisation, and it sounds as though that's what you've been doing. Perhaps you've been lucky so far and the officers have just assumed you meant you were doing something that is permitted and haven't delved too deeply. But I wouldn't risk it again if you've got an immigrant visa application underway. 

 

What's your Priority Date?

[beloved_dingo 1,973]

Perhaps I am confused and/or misinformed but I don't think OP's business activities in the U.S. are illegal. Checking work emails or taking work-related phone calls for your job back home while visiting the U.S. is not illegal. My understanding is you cannot engage in or accept U.S. based work while on a B1/B2. "Employment" on a visitor visa is not allowed but that means you cannot get a job in the U.S. (or perform tasks that could be paid work in the U.S.) while visiting. It does not mean you cannot maintain your overseas business while traveling. How would business owners manage to travel if they could not at least maintain contact with their employees or answer emails while out of the country? 

 

To look at it another way, you are also not allowed to use a B1/B2 for "study". That clearly means "attending school in the U.S." It does not mean that it is illegal for a visitor to the U.S. to engage in schooling activities in their home country (studying for an exam they have to take when they get home, writing a paper, or responding to an email from a classmate/teacher). 

 

Can someone point to a specific rule that disallows this type of thing? The only thing I can find is wording similar to "[a]n individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States." (from here https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html) 

 

OP has not accepted employment or work while in the U.S. They have handled routine business affairs from their current overseas job while traveling. I can't find a single source that says this violates their visa.