Given Only One Week of Authorized Stay on a B1 Visa
Hi,
I have 10 years B1/B2 visa for USA.I am working as a Technical Lead in IT software consulting company.
In Feb, I visited USA for attending business meeting for two different projects for the same client.When I landed in Boston, I went to the CBP officer and said I was here for 81 days. The moment I said 81 days, he asked me to stand side and another officer came and took me for the second round of interrogation.
During interrogation, I explained nervously to the officer that I am here for 81 days because I have to attend meeting with two different stakeholders and as one of the project is new and the product is complex, it will take a little longer duration.Officer was not convinced with my explanation and asked for the document and itinerary of the stay.Unfortunately, I was having only a single letter from my company, not the client's invitation letter. I tried explaining to her and asked her to call my Boss and stakeholder but she didn't.
She even suspected me to be developer and forced me to accept it, but i was not, so there was no way I can accept it.Then she keep on typing a lot of information on her computer and then asked me whether this work is kind of specialized work, I replied "Yes" (because I understand the product).She told me that the correct visa for me is L1-B and you cannot stay oh B1 for this much longer time. She gave me only a week i-94.She even told me that she is doing me a favor by not deporting me.I stayed there for a 5 days and came back to India before expiry of I-94.
Now, my company wants me to travel again for the same project(for 3 weeks only in April) with all the documentations (Client's letter, SOW etc). They are telling me that your POE will be changed and there will be no problem.
Is it fine for me to travel?
If yes, What precaution should I take?
If CPB officer stops me again, then what should be my transcript?
My company had also filed my H1(2015) which is yet to undergo lottery. Will this travel impact my H1?
Note:
My earlier travel history to USA
1) Traveled in 2013 in August for 3 weeks
2) Travelled in 2014 in Feb for 1 week (when this incident happened)
Re: B1 Port of Entry Issue
Honestly? I think you're jeopardizing your status.
While you're on a B1/2 you're actually very limited to what you can do in terms of business. Being here for an 81-day stay may be all that's required for border agents to assume you're trying to slip in without actually having the appropriate work visa.
How are you being paid while you're here?
Re: B1 Port of Entry Issue
That's L-1B visa. The L-1's are for non-immigrant working.
As pointed out 81 days sounds way more than "consulting with business associates" or "meetings." It sounds like working here.
Re: B1 Port of Entry Issue
Thanks for replying.
I am on Indian salary and I am not working there also.
Is it ok, if I go for 2 weeks only? If not, how much time gap should I take before the next visit.
Re: B1 Port of Entry Issue
We can't answer that one, I'm afraid.
It has already been red-flagged; you need to proceed very carefully.
Is there a reason why these meetings can't be done via telephone?