Requesting entry to the US in a particular visa class when I have more than 1 valid visa
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Assuming I currently hold 2 visas for the USA.
- A 10-year validity B-1/B-2, issued a number of years ago but still
valid, last used about 6 years ago - An H-1B visa valid for a couple of months
And I am currently in the US in H-1B status and employed here full-time.
If I leave the US now and travel to one of the adjacent countries, Canada (with a visa) or Mexico (no visa required), and then return after a few weeks (with both of my US visas still valid), can I specifically request to be admitted in B-1/B-2 status instead of H-1B?
I assume that I'd need to convince the immigration officer I'm standing in front of that I won't be working, and that this would be a high bar to reach, but I would have a convincing story...
The goal of this exercise would be to try to extend the final 6-year expiry of my H-1B (since time spent out of the US can be "reclaimed" by application) but still make occasional short trips back into the US (to check up on my property & that the pet-sitter is doing their job) without unnecessarily 'using up' H-1B days.
Similarly to all of the above (and assuming that the answer is at least no worse than "maybe"):
If I hold an H-4 and I'm also eligible for the VWP, can I ask to be admitted under the VWP instead of H-4?
Would there be much point in this, since the H-4 validity is tied to the principal H-1B?
Note: I'm asking here and not on Expats because although I'm currently in H-1B status, it's the possibility of leaving and then being re-admitted under B-1/B-2 I'm asking about.
visas usa us-visa-waiver-program b1-b2-visas h1b-visas
asked Jul 11 at 20:15
brhans
3,60311225
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Assuming I currently hold 2 visas for the USA.
- A 10-year validity B-1/B-2, issued a number of years ago but still
valid, last used about 6 years ago - An H-1B visa valid for a couple of months
And I am currently in the US in H-1B status and employed here full-time.
If I leave the US now and travel to one of the adjacent countries, Canada (with a visa) or Mexico (no visa required), and then return after a few weeks (with both of my US visas still valid), can I specifically request to be admitted in B-1/B-2 status instead of H-1B?
I assume that I'd need to convince the immigration officer I'm standing in front of that I won't be working, and that this would be a high bar to reach, but I would have a convincing story...
The goal of this exercise would be to try to extend the final 6-year expiry of my H-1B (since time spent out of the US can be "reclaimed" by application) but still make occasional short trips back into the US (to check up on my property & that the pet-sitter is doing their job) without unnecessarily 'using up' H-1B days.
Similarly to all of the above (and assuming that the answer is at least no worse than "maybe"):
If I hold an H-4 and I'm also eligible for the VWP, can I ask to be admitted under the VWP instead of H-4?
Would there be much point in this, since the H-4 validity is tied to the principal H-1B?
Note: I'm asking here and not on Expats because although I'm currently in H-1B status, it's the possibility of leaving and then being re-admitted under B-1/B-2 I'm asking about.
visas usa us-visa-waiver-program b1-b2-visas h1b-visas
asked Jul 11 at 20:15
brhans
3,60311225
In principle, yes, you can ask to be admitted in a particular status, but how that applies to this specific case I do not know. Despite the fact that you're concerned about the B status, I expect that on Expatriates you'll more easily reach people who can answer the question convincingly. One thing to consider: a requirement for most nonimmigrant status, including B-2, but not H-1B, is "having a residence in a foreign country which he has no intention of abandoning." Do you have such a residence?
– phoog
Jul 11 at 20:23
@phoog Hmm - tricky one ... Since I left my home country and 'abandoned my foreign residence' (as my intention has always been to switch from H-1B to 'Green Card'), that may well trip me up here.
– brhans
Jul 11 at 20:27
add a comment |Â
up vote
1
down vote
favorite
up vote
1
down vote
favorite
Assuming I currently hold 2 visas for the USA.
- A 10-year validity B-1/B-2, issued a number of years ago but still
valid, last used about 6 years ago - An H-1B visa valid for a couple of months
And I am currently in the US in H-1B status and employed here full-time.
If I leave the US now and travel to one of the adjacent countries, Canada (with a visa) or Mexico (no visa required), and then return after a few weeks (with both of my US visas still valid), can I specifically request to be admitted in B-1/B-2 status instead of H-1B?
I assume that I'd need to convince the immigration officer I'm standing in front of that I won't be working, and that this would be a high bar to reach, but I would have a convincing story...
The goal of this exercise would be to try to extend the final 6-year expiry of my H-1B (since time spent out of the US can be "reclaimed" by application) but still make occasional short trips back into the US (to check up on my property & that the pet-sitter is doing their job) without unnecessarily 'using up' H-1B days.
Similarly to all of the above (and assuming that the answer is at least no worse than "maybe"):
If I hold an H-4 and I'm also eligible for the VWP, can I ask to be admitted under the VWP instead of H-4?
Would there be much point in this, since the H-4 validity is tied to the principal H-1B?
Note: I'm asking here and not on Expats because although I'm currently in H-1B status, it's the possibility of leaving and then being re-admitted under B-1/B-2 I'm asking about.
visas usa us-visa-waiver-program b1-b2-visas h1b-visas
asked Jul 11 at 20:15
brhans
3,60311225
Assuming I currently hold 2 visas for the USA.
- A 10-year validity B-1/B-2, issued a number of years ago but still
valid, last used about 6 years ago - An H-1B visa valid for a couple of months
And I am currently in the US in H-1B status and employed here full-time.
If I leave the US now and travel to one of the adjacent countries, Canada (with a visa) or Mexico (no visa required), and then return after a few weeks (with both of my US visas still valid), can I specifically request to be admitted in B-1/B-2 status instead of H-1B?
I assume that I'd need to convince the immigration officer I'm standing in front of that I won't be working, and that this would be a high bar to reach, but I would have a convincing story...
The goal of this exercise would be to try to extend the final 6-year expiry of my H-1B (since time spent out of the US can be "reclaimed" by application) but still make occasional short trips back into the US (to check up on my property & that the pet-sitter is doing their job) without unnecessarily 'using up' H-1B days.
Similarly to all of the above (and assuming that the answer is at least no worse than "maybe"):
If I hold an H-4 and I'm also eligible for the VWP, can I ask to be admitted under the VWP instead of H-4?
Would there be much point in this, since the H-4 validity is tied to the principal H-1B?
Note: I'm asking here and not on Expats because although I'm currently in H-1B status, it's the possibility of leaving and then being re-admitted under B-1/B-2 I'm asking about.
visas usa us-visa-waiver-program b1-b2-visas h1b-visas
asked Jul 11 at 20:15
brhans
3,60311225
asked Jul 11 at 20:15
brhans
3,60311225
asked Jul 11 at 20:15
brhans
3,60311225
asked Jul 11 at 20:15
brhans
3,60311225
3,60311225
In principle, yes, you can ask to be admitted in a particular status, but how that applies to this specific case I do not know. Despite the fact that you're concerned about the B status, I expect that on Expatriates you'll more easily reach people who can answer the question convincingly. One thing to consider: a requirement for most nonimmigrant status, including B-2, but not H-1B, is "having a residence in a foreign country which he has no intention of abandoning." Do you have such a residence?
– phoog
Jul 11 at 20:23
@phoog Hmm - tricky one ... Since I left my home country and 'abandoned my foreign residence' (as my intention has always been to switch from H-1B to 'Green Card'), that may well trip me up here.
– brhans
Jul 11 at 20:27
add a comment |Â
In principle, yes, you can ask to be admitted in a particular status, but how that applies to this specific case I do not know. Despite the fact that you're concerned about the B status, I expect that on Expatriates you'll more easily reach people who can answer the question convincingly. One thing to consider: a requirement for most nonimmigrant status, including B-2, but not H-1B, is "having a residence in a foreign country which he has no intention of abandoning." Do you have such a residence?
– phoog
Jul 11 at 20:23
@phoog Hmm - tricky one ... Since I left my home country and 'abandoned my foreign residence' (as my intention has always been to switch from H-1B to 'Green Card'), that may well trip me up here.
– brhans
Jul 11 at 20:27
In principle, yes, you can ask to be admitted in a particular status, but how that applies to this specific case I do not know. Despite the fact that you're concerned about the B status, I expect that on Expatriates you'll more easily reach people who can answer the question convincingly. One thing to consider: a requirement for most nonimmigrant status, including B-2, but not H-1B, is "having a residence in a foreign country which he has no intention of abandoning." Do you have such a residence?
– phoog
Jul 11 at 20:23
In principle, yes, you can ask to be admitted in a particular status, but how that applies to this specific case I do not know. Despite the fact that you're concerned about the B status, I expect that on Expatriates you'll more easily reach people who can answer the question convincingly. One thing to consider: a requirement for most nonimmigrant status, including B-2, but not H-1B, is "having a residence in a foreign country which he has no intention of abandoning." Do you have such a residence?
– phoog
Jul 11 at 20:23
@phoog Hmm - tricky one ... Since I left my home country and 'abandoned my foreign residence' (as my intention has always been to switch from H-1B to 'Green Card'), that may well trip me up here.
– brhans
Jul 11 at 20:27
@phoog Hmm - tricky one ... Since I left my home country and 'abandoned my foreign residence' (as my intention has always been to switch from H-1B to 'Green Card'), that may well trip me up here.
– brhans
Jul 11 at 20:27
add a comment |Â
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In principle, yes, you can ask to be admitted in a particular status, but how that applies to this specific case I do not know. Despite the fact that you're concerned about the B status, I expect that on Expatriates you'll more easily reach people who can answer the question convincingly. One thing to consider: a requirement for most nonimmigrant status, including B-2, but not H-1B, is "having a residence in a foreign country which he has no intention of abandoning." Do you have such a residence?
– phoog
Jul 11 at 20:23
@phoog Hmm - tricky one ... Since I left my home country and 'abandoned my foreign residence' (as my intention has always been to switch from H-1B to 'Green Card'), that may well trip me up here.
– brhans
Jul 11 at 20:27