B1/B2 granted to UK resident for US visits. How long do I need to stay away between visits if I stay 6 months?
I'm a UK resident. I was granted a B1/B2 after CBP barred me from using the VWP as I was "going to the US too much". I used the VWP to stay 90 days, returned to the UK for 1-2 weeks then returned for another 90 days.
With a B1/B2, if there was a chance my job could take me back to the US, 6 months potentially may not be long enough and an H-1B is out of the question. How long is enough to stay out of the US between 6-month visits? I think I read somewhere I could stay 6 months out of 12 but I absolutely don’t want to mess up my hard-won B1/B2.
Best Answer
As phoog notes above, the rule of thumb for the visa waiver program is that if you're in the US for X days, you should be outside the US for X+1 days before seeking re-entry. One of our intrepid users got a formal statement from CBP to that effect, and whilst it's specific to ESTA, I see no reason not to think they'd have a similar rule for B1/B2 visas.
Note also that the advice you're getting above about your employer is very sound. We have at least one other case here where someone was required to travel by their employer, but the employer failed to handle it professionally and it all went wrong. The poor employee ended up with a ten-year ban from the UK, and having since changed jobs is having trouble in his current position because the ban prevents him from making a business trip that would otherwise likely be fine.
You may well end up being asked point-blank by a CBP officer whether you're working in the US. What will you say? No? If they determine that's a lie, the US's ban for deception, if memory serves, is for life. Yes, and have a refusal on your record? Your employer seems to be playing fast and loose with your US immigration status.
It's you that ends up with the consequences, not your employer, and those consequences may well blight your life for longer than you have this job. You may wish to consider telling your employer that since you've already been "warned off" by CBP you want this handled properly, by immigration lawyers, so that you can seek the appropriate US visa for the activities the company requires you to perform.
Pictures about "B1/B2 granted to UK resident for US visits. How long do I need to stay away between visits if I stay 6 months?"
How long can visitors stay in the United States with a B1 B2 visa?
B1 and B2 visa holders are allowed to stay in the US for up to 6 months at a time. Each visa application will be assessed on its own merit, and the adjudicating officer may grant a stay of less than 6 months \u2013 this is the maximum period for an initial stay under the B classification.How soon can I reenter the USA on B1 visa?
If you have a B1/B2 visa, you can visit the United States whenever you want to \u2013 as long as your passport is valid.Can UK citizen stay in USA for 6 months?
Additionally, if a British traveler wishes to stay in the US for longer than 90 days, they are required to obtain a US visa instead of the ESTA.How many times can you enter the US on a B1 B2 visa in a year?
The holder of a B-2 visa can stay for a maximum of 180 days per entry (several times consecutively or at a time). These conditions apply to all visits until the visa has expired. After that the person must reapply for the visa at their U.S. consulate.MAXIMUN STAY IN USA ON VISITOR VISA (B1 B2)
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: William Fortunato, William Fortunato, Gaurav Sood, cottonbro