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US re-entering issue

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findinghelp
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Joined: Sat Jun 23, 2007 6:27 pm

US re-entering issue

Post by findinghelp » Sat Jun 23, 2007 6:56 pm

Hi, I have a question regarding r-entering into the US. I hope you may shed some light on the issue.

My son has two passports and he has got a job offer in the US.

For his first passport, he cannot enter the US unless he has a visa. On this passport, his F-1 visa has recently expired, and he has not yet got his new work visa stamp. Now he has a post-graduation OPT work permit authorization on this passport (on the F-1 visa) until next year. He has got his job offer while he is on this visa.

For the second passport, he can enter the US without a visa for a maximum of 90-days for visiting and business purposes.

My question is:

He wants to leave the US now for some family matters and would like to go back to the US to start his work shortly after.

Is it possible for him to leave the US and re-enter the US using his UK passport and stay the States for work on his first passport's OPT work permit? Or is it not possible?

We are also concerned with the I-94. What do the airline agents do to them after they collect it?

Thank you!
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Marco 72
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Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Sat Jun 23, 2007 8:45 pm

He can enter the US with his British passport, but he will only be able to stay up to 90 days and won't be allowed to work. Those are the conditions of the Visa Waiver Program. You mention that he was a job offer - has the company which offered him the job already applied for a work visa for him? You may want to post on the British Expats US Immigration Forum, by the way, where you may get more feedback:

http://britishexpats.com/forum/forumdisplay.php?f=34
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findinghelp
Newly Registered
Posts: 3
Joined: Sat Jun 23, 2007 6:27 pm

Post by findinghelp » Sat Jun 23, 2007 10:13 pm

Thank you for your input.

Yes, the company has applied a work visa for him, using the first passport (the passport not participating in the Visa Waiver Program).
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Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Sat Jun 23, 2007 11:52 pm

I think it might be best for your son to contact an immigration attorney. Many of them offer free consultations. You are also more likely to get useful answers in the other forum I mentioned. Here there are only few users who are familiar with US immigration. Check also the AILA (American Immigration Lawyers Association) website:

http://www.aila.org/
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