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Returning to US on visa waiver after having a visa... problem?

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  • Returning to US on visa waiver after having a visa... problem?

    I am having some complications renewing my H1B visa, and I have already left the states. I am now weighing up my options, and am considering just returning to the US on a visitors visa to collect my belongings and return to the UK. Is this likely to be a problem at immigration when entering the US. I am worried they will think I am going to try and stay illegally. My H1B was issued in Nov 2003, and I stayed and worked in the US legally until just over a week ago, when I returned to the UK to renew my visa. Now with the complications, I am considering just going back the US to tie up some loose ends, collect my belongings and return permanently to the UK. Is this likely to be a problem? I understand I will more than likely need a flight booked back out of the US before I enter.

    My main concern is that I will have problems entering as a visitor, so soon after having been there with a visa.

    Thanks in anticipation

  • #2
    I am having some complications renewing my H1B visa, and I have already left the states. I am now weighing up my options, and am considering just returning to the US on a visitors visa to collect my belongings and return to the UK. Is this likely to be a problem at immigration when entering the US. I am worried they will think I am going to try and stay illegally. My H1B was issued in Nov 2003, and I stayed and worked in the US legally until just over a week ago, when I returned to the UK to renew my visa. Now with the complications, I am considering just going back the US to tie up some loose ends, collect my belongings and return permanently to the UK. Is this likely to be a problem? I understand I will more than likely need a flight booked back out of the US before I enter.

    My main concern is that I will have problems entering as a visitor, so soon after having been there with a visa.

    Thanks in anticipation

    Comment


    • #3
      I'm not an expert, but it is my understanding that you may not be eligible for the Visa Waiver Program.

      I believe that if you have had a visa denial, in this case H1-B, then you're automatically excluded from participation in the VWP.

      My advice would be to apply for a B1/B2 tourist visa. Should you attempt to enter the United States on the Visa Waiver Program and be denied, you will be barred from the country for many years. Maybe others will be more knowledgeable and be able to advise you differently.

      Comment


      • #4
        Thanks for this advice, I've not been denied my visa, I'm just encountering problems with the time it may take to reprocess, so I am considering not bothering to re-apply and just giving up my job in the US. Thanks for the tip about the B1 though, I hadn't thought about that.

        Comment


        • #5
          It might be helpful to have already established clear ties to your home country beforehand, like securing employment, lease/purchase of a home/auto etc.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment

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