# B1 - Length of Stay



## dablue (Jun 8, 2009)

Hi Folks,

I've got my embassy appointment this Friday and I just wanted to clarify something before hand.

I've been in talks with a fairly recent startup company (with a national US presence) in regards to bringing their products to the European market next year.

I'm going over to thrash out business plans, strategies, identifying and reporting on potential customers my partner and I have been in talks with. I know I could have completed this trip on a visa waiver BUT I wanted to get a B1 because there may be the option where my involvement becomes more formal and they may want to try and sponsor my application for a H1B. Am I right in thinking that if I am on the visa waiver, I wouldn't be able to apply for a H1B while I am in the US - I would need to come back to the UK to apply for it and go back out there? Obviously I don't relish the thought of flying half way round the world and spending another $1k if I can apply for a change of status while I am there.

I want to point out, I'm NOT being paid or employed by the company at this point, we're simply in negotiations. I am doing this and funding the trip off my own back in the hopes that I will reap the rewards down the line.

I know the VWP allows for 90 days and the B1 allows for a maximum of 180 days with the option to apply for an extension. I am self employed anyway, and luckily as my work is based online I have the benefit of being able to work from anywhere in the world with a decent internet connection. I can furnish the immigration officer with proof that I can fund this trip.

My question is regards to my length of stay... The point is I don't know precisely how long I need to stay in the country and I know that will ring massive alarm bells with immigration... I already got flagged about 8 years ago for doing 2 consecutive 90 day stays back to back... Since then I've had a J1 visa for a university exchange and (touch wood) I've not had any issues, but then again I've only gone over for 2 weeks here and 2 weeks there.

If I put down that I plan to stay for say 3 months, and assuming I am admitted, will I only be entitled to stay for 3 months on the B1 or will I be entitled to stay for 6 months as per the limit on the B1? For example if you go for a 2 week holiday on the VWP, you do have the option of extending your stay to the max of 90 days.

The bottom line is, I want to give myself as much flexibility with time (ideally 6 months) but I don't want the immigration officer to question my motives and risk not getting admitted. Obviously I respect the US immigration rules and I'm trying to do it all by the book. If the trip doesn't turn into something more concrete with employment being offered I have no hesitation that it could all be conducted on the VWP, but the company and I want to keep the option open for the change of status to a H1B.

I know the chances of securing a H1B aren't in my favour, I know it's somewhat of a lottery, but at least I will have the option.

I have a letter from the company detailing all this.

If anyone can shed any light on this I'd appreciate it.

Thank you in advance


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## twostep (Apr 3, 2008)

@@@You are not "entitled" to anything. The duration of your stay VWP or B1 is at the discretion of the immigration officer at point of entry. 
@@@Getting a B1 extended required very good and valid reasons. Job hunting or setting up shop is absolutely not one of them.
@@@There is no change of status to H1B and you CANNOT apply for H1B. An employer can sponsor you for it. Decisions are made the first week of April with job start dates October of the same year.
@@@Your ability to fund a trip is nice but in binding ties to your home country are of interest to immigration.


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## dablue (Jun 8, 2009)

twostep said:


> @@@You are not "entitled" to anything. The duration of your stay VWP or B1 is at the discretion of the immigration officer at point of entry.
> @@@Getting a B1 extended required very good and valid reasons. Job hunting or setting up shop is absolutely not one of them.
> @@@There is no change of status to H1B and you CANNOT apply for H1B. An employer can sponsor you for it. Decisions are made the first week of April with job start dates October of the same year.
> @@@Your ability to fund a trip is nice but in binding ties to your home country are of interest to immigration.


Thanks for your reply...

I know I am not entitled as such, but if "B1 trips" are stated to be shorter than 6 months, are they stamped for that shorter period or in most cases are they given the option of staying the full duration. The example of the visa waiver above... You can state you're going out for 2 weeks but in every instance I've been over I've been given the option of the 90 days.

If I go out at the beginning of July, I should be covered for 6 months on the B1, correct? I would like to stay and I am hoping for a job offer (and the company have hinted at such) once I have been to meet and spend some time with them.

From what I've read on various forums, I'm not sure if the 2009 quota has been filled yet and as such if I arrved within the next few weeks and things progressed nicely, can't I atleast apply for a change of status (with the company's backing) for a H1B? I know nothing is guaranteed.

The B1 should cover me up until January and if I am lucky enough to be successful in securing a H1B for 2009, I could in theory start work in October?

I do have binding ties to the UK.

Thanks for any help.


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## twostep (Apr 3, 2008)

What do you mean by "The B1 should cover me up until January ..."? You are not contemplating to work, are you?

Do not confuse months and days when you are counting a potential stay. Nothing like an overstay. Count your blessings that you have gotten 90 days per entry so far.

Spending some time with an employer may get you in some rather grey areas.

Fatbrit will have details for H1B. I may be wrong but does the applicant not have to be out of country?


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## dablue (Jun 8, 2009)

twostep said:


> What do you mean by "The B1 should cover me up until January ..."? You are not contemplating to work, are you?
> 
> Do not confuse months and days when you are counting a potential stay. Nothing like an overstay. Count your blessings that you have gotten 90 days per entry so far.
> 
> ...


Well I am asking the question... I mean if I arrive in the US on July 1st, will I be entitled to stay for 180 days (even though I will be saying the initial plan is to conduct my business and stay for 2 -3 months) OR if I put down I intend on staying say 90 days, will they give me 90 days or would they stamp my passport for 180 days... I know it's 180 days but for argument's sake lets say 6 months. That's what I mean by saying a B-1 should cover me up until January.

I have it documented from the company that I will not be employed or receiving any payment for my contibution, which is 100% true. I won't make anything at this point but I stand to make a significant gain if this business venture pans out next year. It is 100% me who is taking the risk financially. I am not looking to stay indefinitely (well not at this point) but I obviously need to "work" closely with the company. I know it's the "work" word which will cause me problems, but I am doing it voluntarily and the B-1 does allow for that.

I might put a call into the embassy tomorrow and ask them about the legality of a change of status from B-1 to H-1B. If it is allowed then my application should be credible. If not, there's no point in going for the B-1, I might as well travel on the VWP.


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## Davis1 (Feb 20, 2009)

The consulate does not give legal advice..or will they tell you any rights you have ...
thats a lawyer job ...


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## Bevdeforges (Nov 16, 2007)

dablue said:


> I might put a call into the embassy tomorrow and ask them about the legality of a change of status from B-1 to H-1B. If it is allowed then my application should be credible. If not, there's no point in going for the B-1, I might as well travel on the VWP.


One BIG caveat here - the Embassy and Consulate report to the Department of State. The immigration people you'd be dealing with in the US are part of Homeland Security. Two very different departments in the government and most departments within the government don't talk much to the others.

Given the potential difficulties in changing status while in the US, you might be better served by assuming you will have to return home to apply for the appropriate visa should you be offered a position within this project.
Cheers,
Bev


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## dablue (Jun 8, 2009)

Davis1 said:


> The consulate does not give legal advice..or will they tell you any rights you have ...
> thats a lawyer job ...


Yes, the embassy couldn't offer any advice except to say that it was possible to apply for a change in status while in the US.

I have looked around on various other forums and it does in theory look at though it is possible to apply for a change in status from a B-1 to a H-1B. In practice I'm sure it'll be a different story.

Going to phone Dept. of Homeland Security and see if they can offer any advice... 

I just don't want to waste a journey down to London if 1. I'm almost guaranteed not to get offered a B-1 or 2. It's highly unlikely I would get denied a COS when I'm there. I might as well travel on the VWP...


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## dablue (Jun 8, 2009)

Spoke to the DoHS and they said it was possible to change my status from a B-1 to a H-1B providing the employer jumps through all the hoops... Obviously, that's not to say I'll get it but it is possible.


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## Davis1 (Feb 20, 2009)

Yes it is possible to change status ...while there ... with permission of the 
USCIS ...BUT ... when you leave ..you aint gonna get back in until you have a visa ...which are only issued by the DOS (consulate) and they could keep you waiting for as long as they want 
or just plain not issue it ...lots to consider


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## dablue (Jun 8, 2009)

Got the B1... I was honest and told the officer of my predicament - that there might be an a possibility where the company might want to sponsor a H1B etc. and he was fine with everything I said. It was quite refreshing actually to listen to everyone else get grilled whereas my interview went quite smoothly I have to say.

He did ask why I wasn't going for a H1B in the first place, to which I replied I wasn't getting paid, and that might need to change, and in which case the company would look at sponsoring the H1B.

All I need to do is get through immigration now!


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## Davis1 (Feb 20, 2009)

dablue said:


> All I need to do is get through immigration now!


That should not be a problem ...
Good luck


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