Comment by tao_oat
Hi Peter, thanks for doing this AMA! I'm an EU citizen. I got my H1B in late 2023, but ended up not moving to the US after all. When I travel to the US for short business trips (same employer as back then), should I enter using this H1B or ESTA? And could this unused H1B become an issue now that there seems to be increased scrutiny at the border? Thank you.
That depends on a number of factors, such as your activities/purpose when you are in the U.S. (whether these activities constitute "employment" and if so whether they are in line with your H-1B position and job duties), your compensation when you are in the U.S. (are you getting paid and if so, how much and by whom), etc. The question here really is whether H-1B work authorization is required or whether ESTA business travel is fine.