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Canada Work Permit and H1B - Maintain both?

Confused_Desi

Newbie
Jul 6, 2010
7
0
Hello,

This may not be the right forum, but I am asking anyways and hoping someone has insights.

Background: My company is applying for a work visa (intra-company transfer) in Canada (Company has branches in Canada) for me so that I can work there. I am currently on H1B visa in the US for the same company. The work however will entail alot of travel primarily in Canada but possibly in US. I will be under the Canadian branch payrol of my company at all times.

Question: If I have to travel to the US for work can I still use my H1B visa (the company will remain the same)? If "No" then how can I work on projects in the US (business visa - each time?) If "Yes" then my concern is:
1. H1B has employer name and location where work will be performed. If I no longer will be living in that place and the work can be anywhere in the US, isnt this a violation of the H1B.
2. I can continue to extend my H1B visa for the time spent outside of US - but again since I am not actively maintaining it and working outside US does this cause other issues?

Any thoughts or comments are greatly appreciated.

Thanks.
Confused_Desi
 

spprivate

Star Member
Feb 24, 2010
103
1
Category........
Visa Office......
Buffalo
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
03/05/2010
Doc's Request.
05/06/2010
AOR Received.
12/09/2010
You cannot have your H1B as long as your payroll is not run by the US office and you live in US.I don't know if it is an option for you,one of my friend travels around the world for his office visits,but his base is Chicago and he is in H1B.So bottom line you cannot use H1B unless your are in US.
For your case I know people get 10 Year Multiple entry business visas which can be used regularly.
 

Confused_Desi

Newbie
Jul 6, 2010
7
0
Thanks spprivate,

The only problem with getting a multiple entry business visa is that you cant work (generate revenue) in US, its primarily used for business meetings, etc. As a part of working in US I would have to perform actual work.

Any other ideas?

Thanks.
 

spprivate

Star Member
Feb 24, 2010
103
1
Category........
Visa Office......
Buffalo
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
03/05/2010
Doc's Request.
05/06/2010
AOR Received.
12/09/2010
Am sorry,dont see any other legal option as far as i know.probably u can check with ur company immigration department take a private legal consul