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

[Boiler 45,451]

4 minutes ago, beloved_dingo said:

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. 

 

With the very limited B1 exceptions you cannot work in the US on a B.

 

Do people take calls, answer emails, well obviously, there are probably a lot of minot things people do that could be classified as work, can I mow the lawn to help out whilst I am here? And of course millions just work illegally.

 

I know some countries, Canada for example have no issue, others have a specific visa for Digital Nomads. US does not.

[appleblossom 2,448]

54 minutes ago, beloved_dingo said:

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. 

 

 

But can you find anything that says it *is* allowed? They give specific examples of activity that is allowed, and management of a business isn't one of them. It does also say that work allowed "entails business activities other than the performance of skilled or unskilled labor", and it could be argued that doing a normal day's work from the US would count as 'skilled or unskilled labor'. I suspect it's deliberately kept quite vague so they can have the largest amount of latitude but if it's not one of the activities specifically mentioned as being permitted, I wouldn't risk it personally. 

 

Edited July 10, 2023 by appleblossom

[Cathi 5,746]

You came here asking for advice, now you're arguing with the facts. Just because someone you may or may not know in some hotel somewhere on vacation in the U.S.,  took a work call or email or 2, does not make it legal. It merely means that they got away with it and they violated the terms of their visa.

You cannot work, physically or remotely, while here on a B visa. Fact.

[Meredith48 0]

On 7/10/2023 at 12:32 PM, beloved_dingo said:

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. 

 

You are COMPLETLY RIGHT right...

 

just take into account that things such:

-interviewing employees FOR YOUR OVERSEAS COMPANY (like me) is ALLOWED
-attending a meeting IS ALLOWED
- attending conference or other business event IS ALLOWED, and if it is business related it is 90% it is related TO YOUR WORK/JOB
- presenting products at a trade show or expo like i have done before in Sun n Fun event IS ALLOWED
- lecturing at an event like a did two years ago IS ALLOWED
 

if those subtle and slightly 🤣 job related things are ALLOWED...🙄  how a simple job related call or email answer could be a deadly federal super illegal crime...

 

 

[Meredith48 0]

On 7/9/2023 at 7:07 PM, Boiler said:

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?

honestly, no, i don't, that is another question i would like to ask, i received 4 months ago a letter saying that all paperwork was accepted and correct and that i have to wait for the appointment, how long will that take?

[Redro 4,611]

7 minutes ago, Meredith48 said:

honestly, no, i don't, that is another question i would like to ask, i received 4 months ago a letter saying that all paperwork was accepted and correct and that i have to wait for the appointment, how long will that take?

What is your priority date? (when did you file the I-130)

Edited July 12, 2023 by Redro

[appleblossom 2,448]

6 minutes ago, Meredith48 said:

honestly, no, i don't, that is another question i would like to ask, i received 4 months ago a letter saying that all paperwork was accepted and correct and that i have to wait for the appointment, how long will that take?

 

Depends on your priority date, which is why I asked about it above.

 

As for meetings etc, they're 'conducting business' which is permitted. Work is not.

[Meredith48 0]

1 hour ago, Redro said:

What is your priority date? (when did you file the I-130)

November 2015

1 hour ago, appleblossom said:

 

Depends on your priority date, which is why I asked about it above.

 

As for meetings etc, they're 'conducting business' which is permitted. Work is not.

OK, got it.Thank you!

 

Priority date is Nov 2015.

 

[appleblossom 2,448]

11 minutes ago, Meredith48 said:

November 2015

OK, got it.Thank you!

 

Priority date is Nov 2015.

 

 

OK, so you're not too far off, as it's currently Sept 2015 but the problem is that it hasn't moved for a long time (about two years IIRC). And it does say that category may retrogress in this month's bulletin, so it could go backwards.

 

But fingers crossed you'll hear something next year (maybe, if the date moves after October). Then add on whatever the wait time is for an interview in Brazil (no idea on that, but a search should tell you). You're towards the end of the process so I wouldn't do what you've proposed in your first post as that's too risky and you don't want to jeopardise your application. Just wait it out in Brazil and I hope it won't be too long before it starts moving for you.

 

Good luck.

Edited July 12, 2023 by appleblossom

[Meredith48 0]

2 minutes ago, appleblossom said:

 

OK, so you're not too far off, as it's currently Sept 2015. But that category does say it may retrogress in this month's bulletin, so it could go backwards and then not start moving again until the new fiscal year in October. 

 

But fingers crossed you'll hear something next year. Then add on whatever the wait time is for an interview in Brazil (no idea on that, but a search should tell you). It's not going to be too much longer to wait hopefully, so I wouldn't do what you've proposed in your first post as that's too risky and you don't want to jeopardise your application. Just wait it out in Brazil and hopefully it won't be too long.

 

Good luck.

Yeah, that is what i was thinking, it is not a smart move to abuse of the visa at this moment.

 

Thank  you for the advice.

 

To be honest, my bf is going to that internship and i wanted to apply too, he is going April next year and we don t want to be away one from other again.

 

 

[Crazy Cat 41,814]

12 minutes ago, Meredith48 said:

we don t want to be away one from other again.

No one wants to be apart.....but most of us were separated for more than a year.  It sucks, but it can be endured.

[Redro 4,611]

16 minutes ago, Meredith48 said:

Yeah, that is what i was thinking, it is not a smart move to abuse of the visa at this moment.

 

Thank  you for the advice.

 

To be honest, my bf is going to that internship and i wanted to apply too, he is going April next year and we don t want to be away one from other again.

 

 

You should check to see if the internship is subject to the 2 year rule before you apply… you might be accepted but then discover you need to leave the US for 2 years before you can return. Where is your boyfriend from? Is he American or is he also from Brazil? 

[Meredith48 0]

17 minutes ago, Crazy Cat said:

No one wants to be apart.....but most of us were separated for more than a year.  It sucks, but it can be endured.

🥲

13 minutes ago, Redro said:

You should check to see if the internship is subject to the 2 year rule before you apply… you might be accepted but then discover you need to leave the US for 2 years before you can return. Where is your boyfriend from? Is he American or is he also from Brazil? 

He is Dominican but living here in BRazil with me

[Meredith48 0]

Just now, Meredith48 said:

🥲

He is Dominican but living here in BRazil with me

How do i investigate that?  abotu the two years.

 

then i have another question, if we get married while internship AND AFTER i get Permanet Residence in US, will he have to wait two years outside?

[Redro 4,611]

7 minutes ago, Meredith48 said:

How do i investigate that?  abotu the two years.

 

then i have another question, if we get married while internship AND AFTER i get Permanet Residence in US, will he have to wait two years outside?

Maybe more… currently the spouse of LPR PD is September 2020. It used to be current but it has retrogressed.
As you know, you shouldn’t get married until after you receive your IV and enter the US…

So, you might be looking at 3-5 years after you moved to the US before he can follow you. But, the time might speed up. 
You should pay attention to the visa bulletin and maybe join groups out of Brazil to see when people in your category are being called to interview.