H-1B (I-140 Approved) holder applying US Visitor Visa (B2) from Canada while living/working in Canada on a ICT Work Permit

[Takita]

Did anyone applied US Visitor visa while working in Canada on a Work Permit/PR with already having H-1B I140 approved?

I'm planning to apply for visitor visa possibly using interview waiver program.

Having US Visitor visa greatly benefit reducing travel times to Toronto airport from Windsor instead cross the border fly thru Detroit airport even though it involves going thru customs /immigration twice one for US and the other for Canada plus any shopping visits due to much more retail presence in Detroit compared to Windsor.

Any other inputs/suggestions/opinions are welcome!!

 

[harirajmohan]

Did anyone applied US Visitor visa while working in Canada on a Work Permit/PR with already having H-1B I140 approved?

I'm planning to apply for visitor visa possibly using interview waiver program.

Having US Visitor visa greatly benefit reducing travel times to Toronto airport from Windsor instead cross the border fly thru Detroit airport even though it involves going thru customs /immigration twice one for US and the other for Canada plus any shopping visits due to much more retail presence in Detroit compared to Windsor.

Any other inputs/suggestions/opinions are welcome!!

Why do you need visitor visa if you are on H1. Explain your situation first - where you work and where you stay.

 

[Takita]

work - canada
stay - canada
H-1B (I-140) stamp valid until 2023.

visit visa purpose - as it explains for visiting purposes, shopping/crossing border frequently, flying thru Detroit airport instead of 4hr drive to Toronto from Windsor, etc.,

Do you know anyone applied and successfully got B2 visa having I-140?

 

[harirajmohan]

work - canada
stay - canada
H-1B (I-140) stamp valid until 2023.

visit visa purpose - as it explains for visiting purposes, shopping/crossing border frequently, flying thru Detroit airport instead of 4hr drive to Toronto from Windsor, etc.,

Do you know anyone applied and successfully got B2 visa having I-140?

Looks like a recent visa stamp. Are you working for US company getting paid in USD? if so i assume you are still earning based on H1. if this is the case then you will be questioned on why you are applying for B2 if you are already working for US company and not using H and they will ask if you need H1 still.

The people who commutes at least monthly dont need to get B visa as you are allowed to use it for visit purpose (other than work). You are still giving half information. So whats your situation on above?

Yes you are not the first one having 140 before applying B2. So it doesnt matter but matters what your situation is. if you have completely moved to Canada and settled and working in Canada, they hardly question on it, even if they question then tell that your previous/current company applied for it at that time to extend visa etc etc. Not a big issue but big issue is if you are now qualified for B2.

 

[Takita]

completely moved to canada working on ICT WP for canadian subsidiary paid in CAD.

yes recent visa stamp, but no plans to move back or transfer to US headquarters in the near future on H-1B (at least until 2023).

Does applying B2 visitor visa affect in any negative way on H-1B/I-140 or diminish the chances of being in line for GC with immigrant intent if/when B2 gets approved?

Found some info on https://in.usembassy.gov/visas/nonimmigrant-visas/
Will my B1/B2 visa be cancelled when I apply for an H1-B?
No, you can hold a B visa and an L or H work visa at the same time. However, if you are issued a B1 in Lieu of H visa, your B1/B2 visa will be cancelled.

 

[harirajmohan]

1. completely moved to canada working on ICT WP for canadian subsidiary paid in CAD.

2. yes recent visa stamp, but no plans to move back or transfer to US headquarters in the near future on H-1B (at least until 2023).

3. Does applying B2 visitor visa affect in any negative way on H-1B/I-140 or diminish the chances of being in line for GC with immigrant intent if/when B2 gets approved?

Found some info on https://in.usembassy.gov/visas/nonimmigrant-visas/
Will my B1/B2 visa be cancelled when I apply for an H1-B?
4. No, you can hold a B visa and an L or H work visa at the same time. However, if you are issued a B1 in Lieu of H visa, your B1/B2 visa will be cancelled.

1. ok

2. ok. When is your H1 visa expires?
So thinking that you should tell that your company wants you to move after 1 year hence you would like to apply for B2 to visit US for shopping.
If you say that you wont move for 2 years+ then not sure if some visa officer might think/ask on why you need to still keep H1 instead of applying for new visa whenever you are ready to move.

3. No. As you saw in #4, people hold multiple visas and many on H would have 140. Nothing affects as long as you use the visa for right purpose when you apply for visa or when you seek entry into US - thats all you need to take care and rest would be fine without any issues on H1B/GC.

4. Correct. One can hold B along with H/L.

 

[Takita]

1. ok

2. ok. When is your H1 visa expires? 8/2023.
So thinking that you should tell that your company wants you to move after 1 year hence you would like to apply for B2 to visit US for shopping.
If you say that you wont move for 2 years+ then not sure if some visa officer might think/ask on why you need to still keep H1 instead of applying for new visa whenever you are ready to move.
No issues if B2 gets void when claiming H-1B at POE as anyway will be working/living in US when entering in H-1B so no need of B2, but even if the B2 visa gets approved with current H-1B stamp valid until 2023. Any chances of POE cancelling H visa when claiming B visa at entry if the purpose is solely for visit? I guess having strong documentation for visit will justify POE officer to enter on B2 visa at the same time does POE officer have the ability to cancel H visa?

3. No. As you saw in #4, people hold multiple visas and many on H would have 140. Nothing affects as long as you use the visa for right purpose when you apply for visa or when you seek entry into US - thats all you need to take care and rest would be fine without any issues on H1B/GC.

4. Correct. One can hold B along with H/L.

 

[harirajmohan]

No issues if B2 gets void when claiming H-1B at POE as anyway will be working/living in US when entering in H-1B so no need of B2, but even if the B2 visa gets approved with current H-1B stamp valid until 2023. Any chances of POE cancelling H visa when claiming B visa at entry if the purpose is solely for visit? I guess having strong documentation for visit will justify POE officer to enter on B2 visa at the same time does POE officer have the ability to cancel H visa?

Only if asked like "Why havent you moved to work for US employer":
Same way how you would tell visa officer(if asked), you need to tell cbp that you are not moving to US for a year as the employer plan got changed and got postponed for a year.
They will automatically ask where you work and where you live etc to confirm your situation. So you dont volunteer explaining anything.
It should be fine.

 

[visukrishnan]

@Takita I am also looking for answer to the same question. I am currently working in Canada on ICT. I have stamped H1b valid till 2024 but i will not be travelling to US for work. Can I apply for B1/B2 ? Please share your experience.

 

[Takita]

@Takita I am also looking for answer to the same question. I am currently working in Canada on ICT. I have stamped H1b valid till 2024 but i will not be travelling to US for work. Can I apply for B1/B2 ? Please share your experience.

My B1/B2 appointment scheduled end of Sep 2022. currently on ICT work permit. H1 stamp expire valid until 2023 . not sure having no PR would affect negatively. H1 visa appointment was done at same Toronto consulate so B1/B2 at same consulate may have an impact. I found no answer to this till date.

I'm thinking to book another date or give it a try if rejection won't impact next appointment after PR.

 

[Takita]

@Takita I am also looking for answer to the same question. I am currently working in Canada on ICT. I have stamped H1b valid till 2024 but i will not be travelling to US for work. Can I apply for B1/B2 ? Please share your experience.

Decided to attend B1/B2 appointment in Toronto on 9/28.

Not sure of any unexpected questions other than "when will you be moving to work for US employer? or why haven't you moved till now? or any other questions related H1B".

share in the forum how did your interview go. Thx.

 

[visukrishnan]

All the best! Hope you will stamping smoothly. Please do share your experience.

I am yet to start the process for B1/B2. Will update here if I make any progress.

 

[Midget]

Decided to attend B1/B2 appointment in Toronto on 9/28.

Not sure of any unexpected questions other than "when will you be moving to work for US employer? or why haven't you moved till now? or any other questions related H1B".

share in the forum how did your interview go. Thx.

Hi , Were you able to get the B1/B2 visa stamped with approved i-140? Kindly advise.

 

[Takita]

Hi , Were you able to get the B1/B2 visa stamped with approved i-140? Kindly advise.

yes

 

[Midget]

yes

What kind of questions were asked during the visa interview and what were your replies, Kindly advise.