Need advise - B1 to H1B Visa

[mavistal8 0]

Hi,

I'm working here in Philippines on a solutions company that have main company located in Dallas Texas. We have plans to migrate in the US, together with my wife and my 11mos. old son. My Boss in the US told me that since H1B visa filling only commence on the month of April so he asked his attorney to process my B1 visa for now while waiting for April next year for the filling of my H1B visa. I just joined the company Aug. this year but I already have 9years straight experience in the I.T industry.

Saying above scenario do you think guys this is possible? That I can have B1 while waiting for my H1B? Can I bring my wife and son with me with B1 visa? What type of Visas should my wife and son have?

Thank you in advance for your replies.

God bless you all.

[Penguin_ie 5,986]

Yes and no.

Yes you can have a B1 visa while your H1B is bring processed, but that is for meetings and short term training, you cannot work on that visa, nor live in the USA.

Your wife and child would need their own visas, and it would likely be considered odd for you to want to bring them, as it is meant for short term, but worth a try. They cannot work there either though.

[canadian_wife 1,791]

I'm surprised your US based company has not inquired about an L visa. Perhaps you should bring it up.

good luck

[Boiler 43,434]

L would seem more obvious, B1 would be ideal for meetings etc, your Employer would pay for your family to visit as well? They would need a B2.

[mavistal8 0]

Thank you guys for the replies. We are also considering the L type visa but i think it requires atleast 1yr of service to the company and Im just on my 4th month.

[Boiler 43,434]

H is a lottery, L is more certain and timeline would not be that much more different.

[mavistal8 0]

@Boiler, thats true. Can we file L and H at the same time?

[Boiler 43,434]

Absolutely

Also look at Eb2

[HFM181818 748]

Without at least one year with the company, an L is not possible. As for the B1, if the company hopes to use (abuse) it to have you work while waiting for an H1b, you should think twice about that....because it will be YOU who receives the brunt of any penalty, not the company...they would, at worst, get their hands slapped - you could be found ineligible for a visa of any type for the rest of your life if you lie to the CO about the true purpose of your visit, or lie to the CBP folks about why you are visiting the US. Think carefully....if you start hearing the attorney tell you what you should say at the POE, with quaint terms like 'knowledge transfers', 'technical sharing of ideas' and things like that, and when you arrive in the US you are put to work programming, it would be best to get up from your desk and decline any more such 'opportunity' to 'transfer knowledge.' CBP is on red alert when they hear the terms (and others like it) by arriving B1 visitors for business....

Edited November 24, 2015 by HFM181818

[Elf 146]

If a company is knowingly recommending visa abuse, I'd be a bit concerned about their ethical standards in general.

Being charitable, perhaps there's a genuine misunderstanding going on, or we are misreading the OP's comments (e.g. maybe all the company is actually suggesting is several short-term visits on a B1 for training/orientation/meetings in the period before the OP can receive a valid employment visa), or the company has an incompetent lawyer, If none of those are the case and the company is genuinely suggesting visa fraud, I would give serious consideration to whether it's the sort of employer I'd be willing to work for. If they're okay with that, what else might they be okay with?

[Darnell 8,478]

Dallas is full of i.t. folk, easy to fill your position with a citizen.

Edited November 24, 2015 by Darnell

[Boiler 43,434]

And H's are over subscribed usually 3 times. And most go to IT folk.

OP has not shared the purpose of a B1 visit.

[HFM181818 748]

I mentioned the concerns about the B1 because it has been and is currently being abused by (predominately) IT firms as the H1bs disappear....and even an L1 might not work, because ordinary programmers are hard to pass off as having 'specialized knowledge' (the perquisite to get an L1B) (not that ethically challenged attorneys don't keep trying)...just a word of caution, that's all...no accusations....

[MacUK 983]

Without at least one year with the company, an L is not possible. As for the B1, if the company hopes to use (abuse) it to have you work while waiting for an H1b, you should think twice about that....because it will be YOU who receives the brunt of any penalty, not the company...they would, at worst, get their hands slapped - you could be found ineligible for a visa of any type for the rest of your life if you lie to the CO about the true purpose of your visit, or lie to the CBP folks about why you are visiting the US. Think carefully....if you start hearing the attorney tell you what you should say at the POE, with quaint terms like 'knowledge transfers', 'technical sharing of ideas' and things like that, and when you arrive in the US you are put to work programming, it would be best to get up from your desk and decline any more such 'opportunity' to 'transfer knowledge.' CBP is on red alert when they hear the terms (and others like it) by arriving B1 visitors for business....

I remember a thread on here a year or so ago where a company (in Germany if my memory's correct) was sending employees to work in their US offices for short periods and telling them that it was ok to use VWP for it.

The OP of that thread had said he had been upfront and truthful with CBP about why he was entering the US as he thought it was all above board.

BOOM! Denied entry and lost VWP privileges.

Just a cautionary tale for anyone who finds themselves in a similarly dodgy situation.

[mavistal8 0]

Thank you guys for all your responses, it really helps me to think about it and preapare for the actions that I will make.

I will update this thread for any progress of my Visa application. ☺