Travelling to US on B2 Visa while J1 Visa is in process

Asked about 1 year ago - Berlin, MD

Hi, I am in a very tight situation. I am a resident of germany and I have a B2 visa valid till Dec 2013. I got a research job from rutgers university in NJ. The category of visa for the job is J1. I went back to germany to process my J1 visa and i was told that your visa would take additional processing time and it has been 5 weeks and still there is no reply. I was supposed to start my job on the 5th week. If i don't show up by next Wednesday they are going to terminate my job. I am planning to travel on B2 Visa for the time being and once i get email that my visa is processed (removed from administrative processing) i will travel to germany on my B2 Visa and have my J1 visa stamped and travel back on it.

I just want your advice whether there is some issue with the whole process

Additional information

I am not looking to work on my B2 Visa. I am only using it to travel to USA. Once I am in us I can explain HR the situation and get extension and wait till I receive my J1 Visa. Once i get the email that my visa has been issued travel back to germany and get the J1 Visa stamped and travel to US on my new J1 Visa. I AM NOT LOOKING TO WORK ON B2 VISA. I KNOW I CANNOT WORK ON B2 VISA

Attorney answers (4)

  1. Anu Gupta

    Pro

    Contributor Level 19

    3

    Lawyers agree

    1

    Answered . You cannot enter the US on a B2 to work. I am sure the university will have an issue with this.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more
  2. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . NO ... do not do it ... NO

    Sure, you can use the B to travel to the US ... but you can NOT WORK.

    Don't even think of walking around the research lab on a B visa.

    Plus, if the Consul learns of your trip to the US ... they can refuse to issue you the J visa.

    Rutgers isn't that 'horrible' of a university .... talk to the person above the person you've been talking to.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Ralf D. Wiedemann

    Contributor Level 18

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    Lawyers agree

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    Answered . I don't see how being in NJ in person without being able to work will be any more convincing to get Rutgers to keep the job open for you. If you go ahead with this trip on your B-2 visa, then you should be prepared for the U.S. consulate and the airport immigration officials not to believe you if you claim that you did not work unlawfully while you were in the U.S. If the university won't keep the position open until you get the J-1 visa, you may simply be out of luck. But I think you should try to communicate with others at the university first. You cannot be the first J-1 researcher at Rutgers who has gone through this exact experience of delay in visa issuance.

  4. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . YOU CANNOT WORK ON A B2 VISA!

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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