# Aspiring musician wanting to come to the US



## gwi (Nov 22, 2009)

Hi! I am a 25 year old Belgian engineer looking to make a carreer change to music. There's no other place I'd rather start one than in a US city like Austin or LA and I'd like some thoughts on my current plan.

I plan on coming in on a tourist visa and live there for a year, to basically set up an internet presence, jam, play with bands, you name it. This all surviving purely on funds I have saved up so far, so I wouldn't be asking for any money for anything, as I'm sure is not allowed under a tourist visa. In the meantime I will look out for an agent who may be willing to sponsor me for an O1 Artist Visa.

Does this sound like a good plan, or am I missing something here? 

Thanks in advance


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## nat21 (Oct 10, 2010)

gwi said:


> Hi! I am a 25 year old Belgian engineer looking to make a carreer change to music. There's no other place I'd rather start one than in a US city like Austin or LA and I'd like some thoughts on my current plan.
> 
> I plan on coming in on a tourist visa and live there for a year, to basically set up an internet presence, jam, play with bands, you name it. This all surviving purely on funds I have saved up so far, so I wouldn't be asking for any money for anything, as I'm sure is not allowed under a tourist visa. In the meantime I will look out for an agent who may be willing to sponsor me for an O1 Artist Visa.
> 
> ...


One the tourist visa, you will only be allowed to stay for 6 months, any longer and you will be illegal in the US. I found this online and hope it helps-

Tourist Visa Length of Stay: Persons admitted to the United States on a B-2 Tourist Visa are usually issued a 6-month stay. The maximum length of stay for visitor visa holders is 6 months. The immigration officer at the port of entry determines how long each visitor is allowed to stay in the country. Most visitors have their I-94 cards stamped with a 6-month stay; however the immigration officer has the right to issue a shorter stay on a case by case basis. Upon entry into the United States, the foreign visitor has the right to request an extension of stay.


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## gwi (Nov 22, 2009)

Thanks for the info. So there is no way to get one for 1 or 2 years? I thought I saw that possibility popping up here and there.. Or maybe it's wishful thinking


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## nat21 (Oct 10, 2010)

I would say wishful thinking. I am not too familiar with US Immigration policies but I think that playing with bands over here would be considered working and that would be "forbidden" under the tourist visa. Maybe you can make set up your website back in Belgium and make demo tapes and send them out?!?! 

This is a British mod who lives in the US (can't remember his/her name) but s/he is very knowledgeable on US immigration policies and would be very helpful. Think s/he is also the US mod so with any luck that mod will see your post and respond.


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## nat21 (Oct 10, 2010)

Just found that mod name, maybe you can pm him/her if they never comment on this post. The mod is Fatbrit.


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## twostep (Apr 3, 2008)

gwi said:


> Thanks for the info. So there is no way to get one for 1 or 2 years? I thought I saw that possibility popping up here and there.. Or maybe it's wishful thinking


Very wishful thinking. Especially as visa violations are getting more and more focus. uscis.gov will answer all your questions about legal possibilities.


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## Iron Horse (Apr 10, 2008)

You'll have the visa issues as has been stated. However, if you time things right and things fall into place you might be able to make something happen. My little piece of advice would be to go to Austin in March for the South By Southwest Festival. If you work the contacts right now chances are you'll be able to meet for this event where hundreds in film and music gather and then parlay it into a longer stay if the sponsorship aspect can be worked out.

I've been to the event and there are some fantastic musicians playing and others just viewing the various acts.

SXSW.com


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## Fatbrit (May 8, 2008)

gwi said:


> Does this sound like a good plan, or am I missing something here?


If you qualify for the VWP, you're unlikely to get a B2. Being denied for a B2 will give you almost permanent US immigration problems. You have been warned!

A VWP entry is for 90 days. It cannot be extended.

A B2 entry is generally for 6 months but It can be extended. Valid reasons for getting it extended are things like being connected to machines in intensive care rooms in hospitals and unable to be moved. Anything less and your request to extend it will be denied.....or worse.

Neither the VWP nor the B2 can be renewed by visiting neighbouring countries.

You cannot work on either the VWP or B2. Work is not just defined as receiving money.. So if you play a gig for free in order to promote yourself, that's most probably work.


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## gwi (Nov 22, 2009)

Hey guys, thanks alot for the advice so far! I'm pretty bad at things like this, so everything's welcome. I'll look into the sponsorship deal, and see what happens.

Since I have a masters in construction engineering, could I maybe play that card to get a work visa and a job here, and then just play on the side till some kind of sponsorship shows up? Or are you only allowed to work at the job you've got the visa for?

How about if I would go as a student and also study in a minimum amount of courses? Would that allow me to play gigs?


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## nat21 (Oct 10, 2010)

gwi said:


> Hey guys, thanks alot for the advice so far! I'm pretty bad at things like this, so everything's welcome. I'll look into the sponsorship deal, and see what happens.
> 
> Since I have a masters in construction engineering, could I maybe play that card to get a work visa and a job here, and then just play on the side till some kind of sponsorship shows up? Or are you only allowed to work at the job you've got the visa for?
> 
> How about if I would go as a student and also study in a minimum amount of courses? Would that allow me to play gigs?


I am not sure, but I think that if a company hires you and sponsors your visa then you will only be able to work for that company. I say this because I see some job post which as if you are eligible to work for a) any company or b) the company you are currently employed with.


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## gwi (Nov 22, 2009)

Thanks for all your help so far, nat21.

I'm still hoping someone can clearly answer me this: If I am in the US on an H1B work visa with a company as an engineer, is it possible then to casually play gigs with a smalltime band in the back of divebars without SWAT teams barging in to put me on the first plane back to Belgium? You know, cause I violated my visa rights and all.

I know technically getting a second part time job isn't allowed, but is playing music for a small crowd every other week really something they'd make a fuss about? I'm talking practically and realistically, would they even bother or care?

Hopefully someone can help, cause this'd probably be a dealbreaker.


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## twostep (Apr 3, 2008)

gwi said:


> Thanks for all your help so far, nat21.
> 
> I'm still hoping someone can clearly answer me this: If I am in the US on an H1B work visa with a company as an engineer, is it possible then to casually play gigs with a smalltime band in the back of divebars without SWAT teams barging in to put me on the first plane back to Belgium? You know, cause I violated my visa rights and all.
> 
> ...


You can play for fun. As soon as reimbursement takes place and be it free drinks - no!


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## Davis1 (Feb 20, 2009)

nat21 said:


> Just found that mod name, maybe you can pm him/her if they never comment on this post. The mod is Fatbrit.


OOOOOOOhh I know him ....


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## twostep (Apr 3, 2008)

nat21 said:


> I am not sure, but I think that if a company hires you and sponsors your visa then you will only be able to work for that company. I say this because I see some job post which as if you are eligible to work for a) any company or b) the company you are currently employed with.


H1B is tied to one mployer but can be moved to another H1B.


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## nat21 (Oct 10, 2010)

twostep said:


> H1B is tied to one mployer but can be moved to another H1B.


Didn't know that, thanks for clearing that up. However, would have to leave the US to apply for the other H1B visa or can you do it while in the US?


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