B1 - issue at port of entry

[pmehra]

Hi Murthy Law Firm,

 

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)

 

 

[jairichi]

 

Hi Murthy Law Firm,

 

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)

 

81 days to attend business meetings?

Take the help of a good immigration attorney before you make the journey for the same purpose. Change of POE will not be of any help.

[omshiv]

you should be good this time as you have all the necessary docs...also. "Dont ask, dont tell"

[t75]

Your employer should have you consult with their US immigration attorney; you need to understand what is allowable work on B1.  Unfortunately some employers have fraudulently used B1 for employees to do inappropriate tasks.

[JoeF]

 

Hi Murthy Law Firm,

 

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)

 

 

The employer needs to discuss this with a good immigration lawyer BEFORE you travel.

This "your POE is changed" is completely worthless BS. The officers at all POEs have access to the file. This is the age of databases and the Internet, in case your employer doesn't know.

You risk getting denied entry and a ban.

[t75]

The lottery has already occurred.

 

The fact you states you needed to come for 81 days earlier this year but now only need to come for 3 weeks demonstrates that the requested time for the previous entry was overstated.