Visa waiver program I am South African, my wife is British. We arrived in USA on a L1 Visa, approximately 2 months prior to extending the L1, we were advised by our lawyer that we were amongst the group of people assisted by Stanley Fur to open a business in USA. We were requested by our lawyer to come into his office and review our documents to ensure that there was nothing illegal in our petition. Fortunately for us there was nothing. We changed our legal representation as we felt that if we remained with our original lawyer, the authorities would be biased towards us. Subsequently we gave our extention papers to the new lawyer and he advised that we had been seriously mis-informed and the extention would be denied. He advised that we change status to a B2 and look for a job sponsor. We were given a B2 for 6 months. Just prior to the B2 running out, I found a company willing to sponsor me, they said they would discuss all details with Company heads and get back to me. As I was running out of time, my lawyer suggested I file for an extention of the B2, this I did but it was denied, shortly after the denial, the company sent me an official job offer. I now have a problem because I am out of status.
I can go back to SA and wait until the H1B is filed and approved but cannot afford for my whole family to go back with me.
My questions to you are as follows : as my wife is British, can she leave the USA for a short period of time and re-enter thereafter on a Visa Waiver program? If so, how long (shortest time possible) before re-entering USA. Our children are in school and do not want to leave USA.
My second question is : If I leave USA (my visa denial was in december, I have 181 days in which to depart Usa) within 181 days, return to SA, can I return to USA on a new B2 visa which I will apply for in SA, when October comes, can I change status from B2 to H1B here in Usa? If so will my family thereafter be required to return to SA in order to have the H1B put into their passports. My wife is a British citizen although she had residence in SA. My children are under the age of 18.
I would appreciate any assistance in this matter
Regards
Gregory |