Visiting family in the US twice in a ~6-month window using the VWP after previous work stay on H1-B?
I am writing to ask about a personal circumstance that entails a complex situation, and I would appreciate if any of you could give me some advice.
I am a European citizen who has been living in the US for 6.5 years. I came with a J-1 Research visa to work as a scientist in a State Public University, and about two years ago I transferred to an H1-B visa that expires by the end of 2019. However, I recently earned a position to come back to live and work in my home country in the EU. Since I cannot delay it, I recently resigned from my job in the US and plan to start my new position in the EU in a few weeks. On the other hand, my wife (who is also from the EU) is also working in the US with an H1-B visa that expires on 2020, and she plans to stay in the US for at least half a year more.
Our “problem” lies in that we are expecting a baby that will arrive by the end of December. This will be our second baby; we have a 2 year old kid who has an American passport. For this reason, I would like to stay in the US as much as possible for the next six months. My plan would be to spend two 3-month stays as a tourist to take care of my wife and the kid(s).
My new company in the EU would give me permission to stay in the US for this period. Also, although my primary aim visiting the US is to take care of my family, ideally I’d like to work remotely even if not at full time (I am a programmer). Notice that during this time I wouldn’t keep in touch or hold any professional relationship with my present employer, or any other company in the US. Moreover, our family plan is to leave the US after these six months and therefore I have no intentions of moving to the US permanently.
My inclination is to travel back to the US in late October as a tourist using the VWP. To do so, I have been thinking that I should gather as much evidence of my intentions to avoid any problem with the border officers. For instance, I could present a document from my new EU employer stating that they allow me staying in the US until March due to my personal circumstances (as well as stating what my new EU salary is and that I have a 5-year contract there). I have also thought about getting a letter from my current American employer explaining that they are not planning any professional relationship with me, and that my US visit is entirely due to personal reasons. Finally, I can also obtain official extracts of my EU bank account, as well as copies of my wife’s salary and immigration documents to demonstrate that I can support my visit with my own EU money.
I have a few questions about this:
Does all this sound like a feasible plan? If so, is there any other official document I should bring with me?
Even if this is not problematic when doing it once, should I tell them about my plans of a second 3 month visit after my first visit?
On the other hand, how I am supposed to address the work bit? I wouldn’t be working for any American company, nor having any professional relationship in the US. So my gathering is that I am allowed to work, even if not full-time, during these visits. But if officers ask me, should I be that open about it? This bit worries me, because on the one hand having my own salary in Europe serves as proof of attachment to Europe, but on the other hand they can get picky if I keep some professional activity whilst visiting my wife?
Finally, I have also thought about trying to get a B2 visa that would allow me staying in the US for 6 months without any problem when travelling back and forth. But I am not sure if my 6.5 stay in the US on J-1 and H1-B visas might be an impediment to obtain it, and whether any potential rejection would entail not having access to the VWP?
Thanks a lot!
Best Answer
You are overly complicating a matter which should not be complicated. Just get an H4 through your wife. It is virtually automatic, not complicated, and issued fast just like a B1/B2.
H4 like the H1B allows dual intent so nobody will have a problem with you working remotely for a company in your country while you are here, nor will they question if you seek to remain here, question your old employer etc.
My spouse used an H4 similarly while living and working in my home country and visiting the USA for extended periods.
Alternative (but just a little more risky) is get a visitors visa. Visiting the USA twice in a six month window and spending a couple months each visit is not unheard of at all.
Pictures about "Visiting family in the US twice in a ~6-month window using the VWP after previous work stay on H1-B?"
How many times can you visit the USA on a visa waiver?
There is no limit on the number of times you may enter the U.S. under either ESTA of a visa. However, if reentering the U.S. using ESTA soon after staying for nearly 90 days, you can expect to be questioned in detail by the immigration officer about the purpose of your visit.When can I return to the US after 6 months stay?
Maximum Period of Authorized Stay Therefore, a person who stays for six months and, instead of applying to extend their visit inside the U.S. if they are a visa holder or a Canadian, departs and attempts to return to the U.S. in less than six months from the departure date, will be barred from re-entry for six months.How many times can you enter the US on a B1 B2 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. The B visa is a multiple entry visa, which means you can use it to enter the United States more than once.How long is a VWP valid for?
Each approved ESTA application generally is valid for two years and allows for multiple visits to the United States within that period without having to apply for another ESTA approval. Travelers whose passports will expire in less than two years will receive an ESTA valid until the passport's expiration date.My H1 B Visa Interview and Experience | MS in USA
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