# B1 in lieu of H1B still an option?



## GrayMatter (Nov 12, 2010)

I am a member from a long time ago but my circumstance have changed a bit so I haven't been on for a while.

I am a partner in a closed corporation. There are 4 members including my wife. I am presently working part time for the CC and have a different full time job where I draw a normal salary. 

We have an opportunity to get some long term contracting business from a US company but I would need to go across to the company for 3 months on contract to understand their code. During that time I would be assisting them on a project while getting to understand the source code. We asked them if they were prepared to let us look remotely but they indicated that the system is too complex and I would need to ask questions and be in constant contact with the rest of the team to get up to speed.

After the initial 3 month contract they will be happy to give us work in the longer term as they will be comfortable that we will be up to speed.

This sounds to me like a B1 in lieu of H1B visa application and not a normal B1 application.

Some relevant points:

1) The CC in South Africa will be paid for the work (and future work) by the US company and I will draw a salary from my CC in South Africa.
2) I have a BCom (Information Processing) degree with about 20 years of experience in software development so I should fit the qualification requirements.
3) My wife and kids will remain in South Africa and I will only be going across to do the work and then returning.

Obviously the long term benefits of the contract are huge for our business. The income from the contract will allow me to move across full time onto the payroll.

So after the long wall of text. My questions are these:

a) Is the B1 in lieu of H1B the right application?
b) How likely will this type of application be refused?
c) Will a decline on this have any long term consequences on future visa applications for my business (future B1 applications, L1 or other types) or myself personally (something like an H1B)?

It's a huge opportunity but I am petrified of doing something wrong and getting a ban of some sort.


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## twostep (Apr 3, 2008)

"I would be assisting them on a project" and that for three months? Where your family lives, what your arrangements with various employers are - that has not bearing. Do you provide services for this US company and over a prolonged period of time?


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## GrayMatter (Nov 12, 2010)

twostep said:


> "I would be assisting them on a project" and that for three months? Where your family lives, what your arrangements with various employers are - that has not bearing. Do you provide services for this US company and over a prolonged period of time?


We don't provide it at the moment. The point of the visit is to allow us to provide services in the future. So whenever they have extra capacity then they will outsource it to us. The initial 3 months of contract work is for 2 reasons. Firstly to let us get up to scratch with their code and secondly, in order to try and recoup some of the costs for the trip, to do some contract work while we are there learning the code.


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## twostep (Apr 3, 2008)

GrayMatter said:


> We don't provide it at the moment. The point of the visit is to allow us to provide services in the future. So whenever they have extra capacity then they will outsource it to us. The initial 3 months of contract work is for 2 reasons. Firstly to let us get up to scratch with their code and secondly, in order to try and recoup some of the costs for the trip, to do some contract work while we are there learning the code.


You just answered your questions - you will be working and get compensated.


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## GrayMatter (Nov 12, 2010)

twostep said:


> You just answered your questions - you will be working and get compensated.


So therefore the B1 in lieu of H1B is the correct visa as the South African company would be paying me but there is "work" involved and it wouldn't fall into a normal B1 category.

Could you maybe give me some tips on questions b and c?

Thanks.


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## twostep (Apr 3, 2008)

GrayMatter said:


> So therefore the B1 in lieu of H1B is the correct visa as the South African company would be paying me but there is "work" involved and it wouldn't fall into a normal B1 category.
> 
> Could you maybe give me some tips on questions b and c?
> 
> Thanks.


There is noone who can tell you how likely a visa application might be denied.

What I heard over time but have no official link a B denial carries a 3-year break.


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## GrayMatter (Nov 12, 2010)

twostep said:


> There is noone who can tell you how likely a visa application might be denied.
> 
> What I heard over time but have no official link a B denial carries a 3-year break.


Thanks for the feedback. Going to contact the client again and try and push for 3 weeks of training at our cost rather that we can do on a normal B1. I just don't want to be chancing anything with US visas. Even if you are trying to do things rthe right way, it still feels like you can rub the wrong officer up the wrong way and be in the lurch.


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## EVHB (Feb 11, 2008)

Are you sure that doing this at your own cost is according to regulations? If you are going on a B1 or B2, you are not allowed to 'volunteer' if the position is a position that in most cases is a paying position. Example: You can help as a volunteer in a soup kitchen, but you can't be a software training.
I suggest you contact a lawyer who is familiar with these kind of issues.
(AILA - American Immigration Lawyers Association)


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## GrayMatter (Nov 12, 2010)

EVHB said:


> Are you sure that doing this at your own cost is according to regulations? If you are going on a B1 or B2, you are not allowed to 'volunteer' if the position is a position that in most cases is a paying position. Example: You can help as a volunteer in a soup kitchen, but you can't be a software training.
> I suggest you contact a lawyer who is familiar with these kind of issues.
> (AILA - American Immigration Lawyers Association)


The reason for doing it at my own cost is that I would be receiving training, not giving it.

I am taking your advice, though, and contacting an immigration lawyer.

Thanks everyone for the advice.


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