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dh627

Currently on a business trip in the US but want to apply for a B1 in lieu of a H1-B visa - what shall I do?

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Hi all,

 

My company recently opened an office in the US, as a client of ours requires us to have a US presence. I came along for a few weeks for some meetings with our clients & for some training (i'm fairly new to the company - less than a year, but as far as I'm aware, being employed by the company overseas for over a year is not applicable on a b1 in lieu of H1 ).

 

It's becoming evident that we need more staff over here temporarily and my company want to me to stay here for more than 3 months on a B1 in lieu of a H1B visa (https://fam.state.gov/fam/09fam/09fam040202.html#M402_2_5_F ), which would actually enable me to work short term (as opposed to a regular B1, which doesn't allow actual work) - another colleague is already over here on one. As I am still in the US, what would my best approach be? Will it be okay if I apply for it, and then leave the US to attend my embassy interview back home, and then return here? Or can it be done over here?

 

Thanks.

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Just to clarify: so you are already in the US and want to apply for a B1 in lieu of H1?


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29-Dec-2016: I-130 approved! Yay! 🎊

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

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22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS field office in Moscow is closing in March 2019.

 

I-90 GC Replacment (for Erroneous GC)

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01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions (2019-???) 📝

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Just now, dh627 said:

That is correct, I'm not sure if that is exactly entirely legal so want to ensure it's done properly - I'm willing to go home and do it all from there. 

What visa did you enter the US on?


03639.png                  

 🇷🇺  ♥  CR-1 via DCF in Moscow* (2016-2017) 🇺🇸  Read about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS field office in Moscow is closing in March 2019.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions (2019-???) 📝

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

??-???-2019: TBA...

 

 

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1 minute ago, dh627 said:

An esta (It was not realised that my company would want me to stay out here longer on a B1 upon entry)  

My guess is you will need to go back to your country and apply for the B there. There is not adjustment of status available for B visas as far as I know.


03639.png                  

 🇷🇺  ♥  CR-1 via DCF in Moscow* (2016-2017) 🇺🇸  Read about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS field office in Moscow is closing in March 2019.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions (2019-???) 📝

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

??-???-2019: TBA...

 

 

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9 minutes ago, dh627 said:

That is correct, I'm not sure if that is exactly entirely legal so want to ensure it's done properly - I'm willing to go home and do it all from there. 

I'd suggest doing that then.

A COS within the US is likely to take much, much longer (probably 6+ months).

Also, the link you provided applies to DOS. To change status within the US, you are dealing with USCIS, which uses the AFM and/or USCIS policy manual. I don't know if there's any difference here, but sometimes there are differences in how they interpret the INA.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Just now, millefleur said:

My guess is you will need to go back to your country and apply for the B there. There is not adjustment of status available for B visas as far as I know.

Great, that's fine. My company would be the ones submitting. Do you know if I/my company would be able to submit it, get an interview date, then fly back to my hometown for that, and if approved, fly back to the US? I'd be looking at spending 1-2 weeks in my home country.

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3 minutes ago, millefleur said:

There is not adjustment of status available for B visas as far as I know.

Change of Status (COS) via an I-539. Although I'm not sure that the quoted provision applies, and it has other drawbacks (i.e. still needing to get a visa if you leave and re-enter, takes very long to process, etc.).

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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3 minutes ago, geowrian said:

I'd suggest doing that then.

A COS within the US is likely to take much, much longer (probably 6+ months).

Also, the link you provided applies to DOS. To change status within the US, you are dealing with USCIS, which uses the AFM annd/or USCIS policy manual. I don't know if there's any difference here, but sometimes there are differences in how they interpret the INA.

Thanks for the information. What is DOS?

Edited by dh627

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15 minutes ago, dh627 said:

Thanks for the information. What is DOS?

DOS - Department of State


03639.png                  

 🇷🇺  ♥  CR-1 via DCF in Moscow* (2016-2017) 🇺🇸  Read about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS field office in Moscow is closing in March 2019.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions (2019-???) 📝

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

??-???-2019: TBA...

 

 

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Doesn't the company that opened a US office have legal representation? An attorney would advise you to exit the ESTA-based US entry and apply for a B1 (or any appropriate) visa from your home country. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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4 minutes ago, arken said:

Per USCIS, one cannot apply for change of status if admitted in VWP category. In that case, you have to go back and apply for B1 visa.

I was going to make the same point, good that a colleague obtained one, I would follow the same steps.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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34 minutes ago, dh627 said:

Great, that's fine. My company would be the ones submitting. Do you know if I/my company would be able to submit it, get an interview date, then fly back to my hometown for that, and if approved, fly back to the US? I'd be looking at spending 1-2 weeks in my home country.

If your company is planning to have staff situated in the US from your home country, they should at least have a competent attorney specializing in US employment visas on retainer. This is not DIY stuff. Leave it up to the legal experts. You may inadvertently end up kiboshing any future visa chances of your own the route you’re going. 

Edited by SusieQQQ

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