Do I require Visa?

[satishk]

Dear All,
I am a British Citizen with a PIO,currently residing in India.I have the following questions.

1.Do I require a Visa to go to the States?
2.Do I require a work Visa?Do I require a Visa to get my Masters degree ?
3.What is the duration one can stay without visa in the US ,holding a British
passport?
4.Will holding a British Passport be advantageous to immigrate to the US?

Any suggestions would be much appreciated.

[PraetorianXI]

1.- For tourism or short related business trips, you can travel for up to 90 days using the Visa Waiver Program.
2.- Yes, if you intend to work or study.
3.- 90 days.
4.- Some, but it depends on how you plan to immigrate.

[peace]

1.No, you do not need a visa, if you wish to stay upto 90 days. You can use the visa waiver program.
2.To study and to work in US, yes you need student and work visas respectively.
3. 90 days.
4. Not in your case, because your country of birth is India. UK born british citizens may have advantages in certain immigration categories where wait is shorter for birth countries other than Indian, china, and mexico.
But a UK passport makes you eligible to get an E non-immgrant work visa
which is not available to Indian passport holders.

[Ravi01]

Confused

Hi. I am a similar person to Satish, British by birth, but spent most of my life in India. I applied to do some research in a university hospital here. I was accepted, and told to come in April 08 for an interview. I came to the states on the visa waiver program. During entry, I was interrogated by the immigration officers, who found a hall ticket for an exam (which I was also taking here and I failed to disclose to them) in my luggage. I think that they typed that I was lying into their computer - they also made some notations on my passport. They let me in the end (as I wasn't doing anything illegal except perhaps withholding info). The problem is that the research will start only in July. It is an unpaid position, the work will last about six months and the university won't sponsor a visa. However it will be very useful for my CV. My question is which is a plausible option -
1. shuttling back and forth every and thus completing the six month work with a month break in between (which might be difficult as I have already been roasted once badly enough and i think it will be difficult going through it again)
2. Applying for a visitors visa from the UK
3. Applying for a visitors visa from India

PS - I went through the research category in the embassy website and it says that -'The work done by the reseacher should not benefit the American institution' - does anybody have any idea what exactly that means?

[peace]

Yes, they won't let you shuttle back and forth on VWP.
And What did they write on your passport?It could cause problems getting a B1/B2 visa.
Also, I am not sure if they will give you a B1/B2 for doing unpaid research in US. They may say no visa category exists for such work.

Read this link for permitted activities under B1. Private links are not postable on this forum but figure out;
americanlaw.com/b-1fam.html

[Ravi01]

@ Peace
Thanks for the reply.
The immigration official wrote down a 8 digit (or so) number and then a #

Regarding the visa which I may be able to apply on -

http://www.usembassy.org.uk/cons_new/visa/niv/research.html

that is why i am asking what exactly "the results of the research should not benefit the American institution' means - because research could be construed to benefit anyone.

There was another possibility - the B1 in lieu of H - is there a possibility it could be used? - http://chennai.usconsulate.gov/b-1-lh.html - the problem is that I should show an Indian employer

[Ravi01]

And thanks for the link

[peace]

What was the number written on your passport?

I went through the links you posted and I think that this is a tricky area and you might want to take the help of an attorney.

You may not be eligible for an B1 in lieu for an H-1 because you donot have a foreign employer and 6 month may not be a "short period of time."

Also, a research on a B-1 may usually require an activity less than 9 days.

[Ravi01]

@ Peace.
Thanks for your help.
I think you're right - I have to see a lawyer.
I was wondering if there was any specific lawyer that you could recommend.
I do not have my passport with me now. I'll post the number when i get it.

[Ravi01]

@ Peace
Thanks a lot mate.
I owe you one.
PS - my passport had ADM# and then a 11 digit code

[jagacharaja]

That's probably the number on your green color I-94 card that most likely got stapled to your passport at the POE.

@ Peace
PS - my passport had ADM# and then a 11 digit code

[Ravi01]

Thanks Jagacharaja.
I have one more question - it is possible that I might be paid a nominal amount by the hospital in which I am currently working (an Indian hospital) for the research I will be doing. Does that mean I need to get a different visa status?

[Ravi01]

Got it

Hello all,
I went for the interview last month - I took a load of documents, out of which they didn't even check one.
They had only one questions -
"Are you a practising doctor" - "Yes"
"Practising doctors usually do research in a J1 visa. Even if you are not paid. Please bring a letter from your hospital stating why exactly a J1 visa is not required and why they want you to come with a B1 visa."
So I emailed the hospital - they sent the required letter, I sent it through vfs and received the passport with 10 year multiple entry visa four days later!!
Thanks guys for all your help

[Ravi01]

Hello again,
I am nearing the end of my six month visit (the stay expires on January 14th).
My first project is nearing completion. I hope to start another one in November.
I have signed up for a certificate course in the University of Washington as I am sure it will help my career prospects. The dates are from March 1st to April 29th). Is there any way to stay in the US for the intervening period of January and February to ensure completion of the project
I am considering extending my visa - but there are two potential problems to that
1. If at some later period I want to get a work related visa will this visa extension play against me?
2. Is it possible to shift from a B1 status to a F1 visa status without leaving the country or at the maximum leaving the country for a short visit?

[Ravi01]

Another alternative that I have thought of is to go to the UK/India for a week in December and then come back - hopefully with a new i94. If they give it to Feb 1st (which is only 15 days past the expiry of my original i 94), then after that I think the students F1 visa will come into effect.
The problems here is -
1. is there any minimum period that a B! visa holder has to stay outside the country before he visits again?
2. The reason i need to stay in the second half of January is that I have a couple of interviews for residency that i want to attend. Does this make me a prospective immigrant in the eyes of the homeland security official?