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Istayed in the States on a B2 visa (Malaysian passport) for 10 months (was granted 6 months by CBP but extension for 6-months was approved). I was on holiday and never worked. My boyfriend is American and I was traveling to America to be with him and the CBP is aware of that.

When I left the States 3 weeks ago returning to Australia, I applied for an E3 visa. I was offered a role in a Finance company in the States. Expecting to return to the states with my Australian passport with new visa attached but the visa issuing system is facing technical difficulties globally and I am waiting for them to send out my Australian passport. Because we don't know when the system will be up, I need to return to the States with my B2 visa on my Malaysian passport for 2.5 weeks for a meeting with my prospective employer and attend a very important event. I will depart the country in 2.5 weeks and will have an air ticket ready to show.

Will I have any problem?

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  • As long as you are meeting a prospective employer, you should be fine. You definitely cannot work in the US during that time, but meeting a prospective employer is fine. People do this all the time for job interviews. – chromozonex Jun 24 '15 at 20:20
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    @ChromoZoneX isn't meeting a prospective employer a B1 purpose? Nelly, is your visa B2 or B1/B2? – phoog Jun 24 '15 at 21:05
  • This is better for the expatriates.SE. But being in the US on a B1/B2 visa isn't a problem. But you won't be able to work. – Karlson Jun 24 '15 at 21:26
  • Nelly: If your visa is B2 only, consider asking for your passport back so you can travel to the US on the visa waiver program. US missions have been making people's passports available to them for situations like this, caused by the visa-issuing problems. – phoog Jun 24 '15 at 21:26
  • Hi everyone, thanks for the prompt response! The only reason I don't want to get my Australian passport back is because I do not want to cause anymore delays in my E3 processing. My employer has been kind enough to wait this long. – Nelly Jun 24 '15 at 21:48
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Yes, it most definitely will be a problem. While you may not be actually lying, the CBP officer may decide not to believe you and send you back where you came from because he'll suspect you're trying to start working before you have the valid visa to enter in the correct status.

Get in touch with the employer's immigration attorney before you do anything stupid. Once you're escorted back to the plane from the CBP immigration inspection, it will be much harder for you to get any US visa.

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