B1 Visa (Telecommuter) - Work from Home option

[rahul.gupta]

Dear Sir/Madam,

 

My wife works in PayPal and she has B1/B2 visa. She already traveled US on B1 visa on August 2012 for 2 months. Now currently I am on H1b visa and my wife wants to come to US for 2-3 months to meet me and spend some time with me. I have a question that can my wife come on B1 visa as a Telecommuter. Her manager is ready for this and told that you are going on your own risk because on port of entry you may be rejected. Because she has to take leaves if she is coming on B2 visa and she can not get leaves more than 2 weeks.

 

My wife wants to spend 2-3 months in US by working at home on B1 visa as a Telecommuter. I have read from usembassy.gov below information on B1 visa as a Telecommuter.

 

"TELECOMMUTERS
Individuals temporarily resident in the United States who will be working from home as computer programmers for foreign based companies may be eligible for B-1 visas if all of the following are met: 
• The individual is employed by a company outside of the United States; 
• Will receive no remuneration from a U.S. source, other than expenses incidental to the stay; 
• Is working in an occupation that requires the attainment of a bachelor's or higher degree in the specific specialty and the individual has that level of education. 
If you believe that you may qualify for the B-1 visa, you should apply for a visa in order for your qualifications to be evaluated. 
If accompanying a spouse who is the beneficiary of a work or student visa, the individual may apply for both the derivative and B-1 visas. When applying for admission into the United States, you should advise the USCIS at the port of entry of your dual intent, that is to say, you are accompanying your spouse, but also intend to continue working for your foreign employer as a telecommuter."

 

Could you please guide us that can she come on B1 visa as a Telecommuter?

 

And what are the chances of approval on Port of Entry?

 

What all documents she should carry with her?

 

What reply she should give on port of entry?

 

Thanks in advance

Rahul