isnt this risky?
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Graham Bradshaw wrote:
Are you sure it's a B1 visa? My understanding of the US visa regulations is that you aren't allowed to carry out "gainful employment" under a B1. You need an H1B for that (or other work permit, such as green card, L1 etc)
The B1B2 is Business/Pleasure. What would typically happen is that such people would be employees of an Indian company who'd be travelling to the US on "business visit" to meet a client. Eventually they end up doing work at the client site - and while they cannot be paid a salary, they are given a daily expenses stipend, free accommodation, a car is rented for them, their air fare is paid for, and no taxes. And in India, their Indian salaries get paid into their bank accounts too. And they can only stay for 6 months maximum. But because everything is paid for, and because they get the Indian salaries and an un-taxed expenses stipend, these business trips are usually a very financially lucrative option for employees. I know a lot of candidates who jump into such companies - even if the work nature is not so good (usually 60 hour weeks).
Regards, Nish
Nish’s thoughts on MFC, C++/CLI and .NET (my blog)
Currently working on C++/CLI in Action for Manning Publications. Also visit the Ultimate Toolbox blog (New)Nishant Sivakumar wrote:
Eventually they end up doing work at the client site
I'm no visa lawyer, but that sounds like "gainful employment in the United States" to me (who pays the salary, and the country it is paid to is irrelevant), and that is contrary to the B1 visa regulations. We have been examining this from a UK to US perspective, and I'm basically repeating what a US immigration specialist said to me (albeit about a UK person going to the US)
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Nishant Sivakumar wrote:
Eventually they end up doing work at the client site
I'm no visa lawyer, but that sounds like "gainful employment in the United States" to me (who pays the salary, and the country it is paid to is irrelevant), and that is contrary to the B1 visa regulations. We have been examining this from a UK to US perspective, and I'm basically repeating what a US immigration specialist said to me (albeit about a UK person going to the US)
Graham Bradshaw wrote:
I'm no visa lawyer, but that sounds like "gainful employment in the United States" to me (who pays the salary, and the country it is paid to is irrelevant), and that is contrary to the B1 visa regulations. We have been examining this from a UK to US perspective, and I'm basically repeating what a US immigration specialist said to me (albeit about a UK person going to the US)
Yep, I know - some companies stretch the limits of the law (some cross it). But this happens quite frequently these days because of the limit on H1Bs - so when there's some emergency work to be done, and people need to travel from India to the US (a B1B2 is the only available option). L1s are harder to come by and have some restrictions/limitations - so L1s are not always an option.
Regards, Nish
Nish’s thoughts on MFC, C++/CLI and .NET (my blog)
Currently working on C++/CLI in Action for Manning Publications. Also visit the Ultimate Toolbox blog (New) -
Graham Bradshaw wrote:
I'm no visa lawyer, but that sounds like "gainful employment in the United States" to me (who pays the salary, and the country it is paid to is irrelevant), and that is contrary to the B1 visa regulations. We have been examining this from a UK to US perspective, and I'm basically repeating what a US immigration specialist said to me (albeit about a UK person going to the US)
Yep, I know - some companies stretch the limits of the law (some cross it). But this happens quite frequently these days because of the limit on H1Bs - so when there's some emergency work to be done, and people need to travel from India to the US (a B1B2 is the only available option). L1s are harder to come by and have some restrictions/limitations - so L1s are not always an option.
Regards, Nish
Nish’s thoughts on MFC, C++/CLI and .NET (my blog)
Currently working on C++/CLI in Action for Manning Publications. Also visit the Ultimate Toolbox blog (New)L1's are for executives running businesses, as opposed to "worker bees". The biggest risk with working under a B1 is that you get "found out" by USCIS, and then that person risks deportation, and it'll be very hard for them ever to get back into the US, even for a holiday.
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L1's are for executives running businesses, as opposed to "worker bees". The biggest risk with working under a B1 is that you get "found out" by USCIS, and then that person risks deportation, and it'll be very hard for them ever to get back into the US, even for a holiday.
Graham Bradshaw wrote:
L1's are for executives running businesses, as opposed to "worker bees". The biggest risk with working under a B1 is that you get "found out" by USCIS, and then that person risks deportation, and it'll be very hard for them ever to get back into the US, even for a holiday.
Yep, and most employees are not fully aware of this risk - when their company sends them, they just blindly do as they are asked to. :sigh: On a different note, it's probably a tad better than visiting the US on a pleasure trip, overstaying the Visa, and turning into an illegal immigrant. :rolleyes:
Regards, Nish
Nish’s thoughts on MFC, C++/CLI and .NET (my blog)
Currently working on C++/CLI in Action for Manning Publications. Also visit the Ultimate Toolbox blog (New) -
I have upto visual C++ experience and some familiarity with c# and vb.net and I have multiple entry B1 USA visa.. Just a company here in india called me up and they told me by this month end you have to fly to USA they just conducted some technical interview majority of the questions I could not answer they wanted a dot net person. They told me you have to fly by this month end to USA.. They will give some crash course on framme work and asp.net , remoting GAC etc.. what do you think.. its ok to go.. or experience is must.
pathak
The whole thing sounds fishy - I'd stay out of this offer if I were you.
Regards, Nish
Nish’s thoughts on MFC, C++/CLI and .NET (my blog)
Currently working on C++/CLI in Action for Manning Publications. Also visit the Ultimate Toolbox blog (New) -
I have upto visual C++ experience and some familiarity with c# and vb.net and I have multiple entry B1 USA visa.. Just a company here in india called me up and they told me by this month end you have to fly to USA they just conducted some technical interview majority of the questions I could not answer they wanted a dot net person. They told me you have to fly by this month end to USA.. They will give some crash course on framme work and asp.net , remoting GAC etc.. what do you think.. its ok to go.. or experience is must.
pathak
Get on that plane by the end of the week.;):cool:
none
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Nishant Sivakumar wrote:
Eventually they end up doing work at the client site
I'm no visa lawyer, but that sounds like "gainful employment in the United States" to me (who pays the salary, and the country it is paid to is irrelevant), and that is contrary to the B1 visa regulations. We have been examining this from a UK to US perspective, and I'm basically repeating what a US immigration specialist said to me (albeit about a UK person going to the US)
Tasks such as meeting with the client to scope out the project, establish working relationships, requirements gathering, etc., are usually performed and are not considered violation of the B1 visa rules. It is like a businessman flying to the US to discuss business prospects with a potential customer. The requirements for the programmer to know dot Net may come from the need to steer the customer in the right direction with regard to architecture.
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The whole thing sounds fishy - I'd stay out of this offer if I were you.
Regards, Nish
Nish’s thoughts on MFC, C++/CLI and .NET (my blog)
Currently working on C++/CLI in Action for Manning Publications. Also visit the Ultimate Toolbox blog (New)I agree that. Coming to US in B1 and working is highly risky(its illegal and it will be difficult to prove that the person is just meeting with client only - not doing any work) As Nish mentioned, .. it is not worth taking that offer Regards, Madhu.
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The whole thing sounds fishy - I'd stay out of this offer if I were you.
Regards, Nish
Nish’s thoughts on MFC, C++/CLI and .NET (my blog)
Currently working on C++/CLI in Action for Manning Publications. Also visit the Ultimate Toolbox blog (New)Sorry , I will not be working actually .. i will be visiting and performing development activities in .net But thing is I dont know much about dot net but still this company wants to send me to USA so wanted to ask you if it can be risky to my career. I am confident I can catch up dot net.. but being an experienced guy is a different story. and thing is you can not fool americans. sooner or later they can find I am not that experienced. if the I am working in indian circle there then it can be safer, somebody can help me out in development.
pathak
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Sorry , I will not be working actually .. i will be visiting and performing development activities in .net But thing is I dont know much about dot net but still this company wants to send me to USA so wanted to ask you if it can be risky to my career. I am confident I can catch up dot net.. but being an experienced guy is a different story. and thing is you can not fool americans. sooner or later they can find I am not that experienced. if the I am working in indian circle there then it can be safer, somebody can help me out in development.
pathak
pathakr wrote:
Sorry , I will not be working actually .. i will be visiting and performing development activities in .net
Yes, but even that is technically illegal under B1B2 guidelines.
Regards, Nish
Nish’s thoughts on MFC, C++/CLI and .NET (my blog)
Currently working on C++/CLI in Action for Manning Publications. Also visit the Ultimate Toolbox blog (New)