UK Software Engineer - B1 in Lieu of H1B

[uketernity]

Hi All

So here is the situation. I am a software engineer from the UK, with a bachelors degree and all the relevant qualifications for an H1B visa.

I have a US employer who has offered me a job, went to apply for H1B in july to find the quota reached. So I'm exploring other options.

I believe the only visa that would work for me in the mean time, would be a B1 in Lieu of H1B. So, I'm wondering if I can setup a company in the UK (this is fairly simple), the US company pay a "salary" into that company and me draw a salary from the UK company. Then apply for a B1 in Lieu, transfer out to the US for upto 12 months, and in the mean time apply for an H1B come next april.

What information would I need to provide to the US embassy on applying for this visa and what information would I need to provide to customs & border control on entry to the USA?

I hope someone can help.

Thanks

Oli

[twostep]

B1 is no H1B loop hole:>)
Have you read up on purpose and requirements? USCIS - B-1 Temporary Business Visitor

[vronchen]

as far as I heard the "B1 in Lieu of H1B" think has been abused in the past, and they are fairly strict about it now. it might raise suspicion if you have a one man company and want to work in the US. i think it will be very obvious to the CO what you are trying to do.
also note that if you apply for the visa and they deny it, you will probably be not be eligible for the VWP anymore.

[Davis1]

B1 and B2 visitor visas

[uketernity]

How would they know its a 1 man company? What kind of checks do they do?

Is there any other way of being able to work in the US until I am able to obtain an H1B visa?

Thanks

Oli

[vronchen]

well, you do need to bring a letter from your employer explaining why your visit to the US is necessary for the company. if you write this letter yourself it might look sketchy. also, after the whole infosys debacle, I would expect strict controls. also note, that the immigration officers at the poe can basically decide the end date for your i-94, and it is usually 6 months.

[twostep]

Originally Posted by uketernity

How would they know its a 1 man company? What kind of checks do they do?

I presume companies in the UK are registered and have certain documentation required to set them up. CEO, owner, ... all the same ...

Originally Posted by uketernity

Is there any other way of being able to work in the US until I am able to obtain an H1B visa?

Thanks

Oli

a) You will not be able to obtain an H1B. The US employer can apply. b) You have to be in the UK for that. c) Again - there is no loop hole. You are not the first and probably not the last to try to find one, actually some are very creative about it. In the end an immigration violation means non-entry and/or no visa. B1 does not allow compensation by US company. It will be interesting to see the balance sheet and what an audit may bring for everybody involved.

[vronchen]

Originally Posted by twostep

b) You have to be in the UK for that.

that's not true. otherwise the cap gap rule would be useless.

[twostep]

Originally Posted by vronchen

that's not true. otherwise the cap gap rule would be useless.

He does not change status. As I am not familiar with the option you are proposing unless you do so please post an official link. A number of poster might find it interesting.

[vronchen]

Originally Posted by twostep

He does not change status. As I am not familiar with the option you are proposing unless you do so please post an official link. A number of poster might find it interesting.

your answer suggested that it is not possible to apply for an h1b while being in the US, and I was just stating that that is not the case. cap gap rule is of no interest for the OP, since you need F1 status for that.

question to OP: was your h1b application submitted, or did your petitioner notice the cap was reached before submitting it? are you eligible for O1 visa?