B2 spouse of H1B to B1 business visitor in same calendar year

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bahookie

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Hello
I was living in the States with a B2 extended visa (given in 6 month chunks) for the duration of my partner's H1B visa.
I left to come home to Scotland at the beginning of April.

I now have a job with a company here in the UK that will do an intercompany transfer to their US branch after I have worked here for a year.

Does anyone know how long I have on a B1 business visa for the rest of 2011?

Do the 3 months at the start of the year count, even if they were under an extended B2visa?

Will I be ok going and staying with my partner for a couple of months and working from home in CT?

Ugh it's so complicated!

Or maybe it isn't really?

Thanks
Jane
 
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While in the US on a B2 visa, you may not work. On B1, work activities are very limited. Simply working remotely is not accepted. Your employer needs to file for your H1B. You will not qualify for an L1 if you have not worked for your employer outside the US for 1 of the last 3 years.

How have you been granted multiple extensions? The supposed max is 1 year total AND you may not "live" in the US on either a B1 or B2 visa.

You are risking your future in the US if you continue what appears to be blatant violations of the B1/B2 visa program. "Living" with your partner and working illegally is totally unacceptable. If you do not understand the limitations of the program, consult an attorney.
 
B 2 CLASSIFICATION FOR COHABITATING PARTNERS. - Google this as it won't let me post a link.

Yes, you can live in the States under an extended B1 visa if you are either unmarried or like me, married twice but part of a same sex couple.
I fully understand the limitations of the program, which is why I am sitting here in Scotland.

As I mentioned, I will have worked for an employer for a year before we apply for L1, there is no problem there.

All I want to know is does the 3 months at the start of this year count towards being able to stay with my partner for 3 months in the US. I can work from home and visit US customers while I'm there. It does not matter if I stay in a home or in a hotel, a business trip is a business trip.

Can I also just say, that I was "living in" the states quite legally, just miserably since I could not work.

Please advise if you know about the B1 to B2 changeover, not to tell me I was illegal when I, the US embassy and my lawyers know I wasn't.

Thanks
Jane
 
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Since you have an attorney, talk to them about ways you can legally live and work in the US.

The type of work you can do on B1 is very specific. There is no way for this forum to know from your description whether your activities properly fall in that range. What is suspicious is your statement :

I now have a job with a company here in the UK that will do an intercompany transfer to their US branch after I have worked here for a year

Being in the US on B1 is not likely to qualify for employment requirements for L1 visa. You must have worked for that employer outside the US for a year yet you talk as though this is a new job and you need to work in the US to be considered for L1 assignment. In addition the work permitted on B1 is very different from that allowed on L1. This description of your activities in the US is very suspicious.

You will be admitted to the US for as long as the officer at the border believes is reasonable for you to transact your B1 qualifying tasks. It may be for 3 months or it may be 1 day or you may be denied entry and, at the worst case, banned for a period of time.

Truthfully, you are trying to "live" in the US on a guest worker visa status. Since you intend to finagle the US immigration laws, you better have an attorney advising you.
 
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"I now have a job with a company here in the UK that will do an intercompany transfer to their US branch after I have worked here for a year"

I am in the UK I am working in the UK for a UK company. The reason I chose this company was that they have a branch in NY State and would be willing to transfer me there after I have worked with them here in the UK for at least a year.

I dont understand why this would be suspicious. At the embassy in London I asked if there was ever a way I could work in the States as a spouse of H1B holder. Their answer to me was that all they could offer was an extended B2 and if I wanted to work I would have to enter the US with a working visa on my own merit.
This is exactly what I am doing, and there has been nothing underhand or sneaky about it, and I am certainly not trying to finagle anything bigger than a bagel.

Since my present company is being so kind to me and my partner, I have offered to pay my own legal fees.

I was hoping someone would know how time in the US is worked out if you are transferring from a B2 (ANY kind of B2!) to a B1 in any given calendar year.

For the purposes of this question, please assume I can arrange enough customer visits in the States to justify a stay of 2 months - possibly with an interim visit to China for a trade show with US colleagues. I so didn't want to mention this as its just going to complicate any answer I may get here!
I understand the advice given here is personal opinion and I am not making any decisions based upon it.

I just need to know how time is calculated moving from a B2 to a B1 in a calendar year.
Please?
 
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