h1B to B1/B2 visa

[madrazi]

Hello,

I am planning to move from USA to Canada in September. I am currently in a H1B visa in USA but I want to apply for B1/B2 temp visa as soon as I land in Canada.

I understand that the US consulates in Canada aren't issuing any visas indefinitely but I wanted to know if there could be issues applying for this Visa once they open things up. I have a I-140 issued in USA and I don't want to appear flaky in terms of immigration, so should I do anything to make my case for temp visa stronger?

If it helps, I have a job lined up in Canada and I am planning to lease an apartment near Toronto for the next 6 months.

I know this is a common question but I am looking to see if things have changed a lot in the past year.

Thanks in Advance.

 

[harirajmohan]

1. I am planning to move from USA to Canada in September. I am currently in a H1B visa in USA but I want to apply for B1/B2 temp visa as soon as I land in Canada.

2. I understand that the US consulates in Canada aren't issuing any visas indefinitely but I wanted to know if there could be issues applying for this Visa once they open things up. I have a I-140 issued in USA and I don't want to appear flaky in terms of immigration, so should I do anything to make my case for temp visa stronger?

3. If it helps, I have a job lined up in Canada and I am planning to lease an apartment near Toronto for the next 6 months.

4. I know this is a common question but I am looking to see if things have changed a lot in the past year.

Unless you have job related meetings in US, its difficult to convince the visa officer to issue you a visa. He/she would think that you just need another visa to reenter. Whats the urgency?
Do you have valid stamp now? How long your current I797 valid? I am asking because if these too expire soon then visa officer will think that you just need another visa to stay further. So you need to be giving little time if you dont have real business in US immediately after moving to Canada.

 

[fr72]

Hello,

I am planning to move from USA to Canada in September. I am currently in a H1B visa in USA but I want to apply for B1/B2 temp visa as soon as I land in Canada.

I understand that the US consulates in Canada aren't issuing any visas indefinitely but I wanted to know if there could be issues applying for this Visa once they open things up. I have a I-140 issued in USA and I don't want to appear flaky in terms of immigration, so should I do anything to make my case for temp visa stronger?

If it helps, I have a job lined up in Canada and I am planning to lease an apartment near Toronto for the next 6 months.

I know this is a common question but I am looking to see if things have changed a lot in the past year.

Thanks in Advance.

I got a 10yr B1/B2 within 6 months of moving for good to Canada. I had an i140 too from an old employer (I mentioned this in the DS160). They did ask me if I work for same employer in Canada and I didnt. Not sure if they would have rejected had I been working for my US employer.

Note that I had a specific reason to visit US when I applied for B1/B2 (family function).

 

[madrazi]

Thanks for the input.

I have my significant other and my sibling living in the states. I am planning to change employers though.

 

[harirajmohan]

Thanks for the input.

I have my significant other and my sibling living in the states. I am planning to change employers though.

Having sibling in US doesnt impress visa officer. Its gives officer doubt that you would stay back. Seems you are not mentioning full detail about significant other hence we cant really suggest clearly.
How changing employers need B1 visa and this is not the valid reason for it as far as i know.

 

[Nick1233]

Thanks for the input.

I have my significant other and my sibling living in the states. I am planning to change employers though.

If you have a job in Canada, why exactly do you need a B1?

No matter what, each and every case will be different. You could only evaluate risks and trade offs.

Spouse and relatives in US, potential quick request for B1/B2, approved I-140, no strong tie in Canada could work against you.

 

[Nick1233]

I got a 10yr B1/B2 within 6 months of moving for good to Canada. I had an i140 too from an old employer (I mentioned this in the DS160). They did ask me if I work for same employer in Canada and I didnt. Not sure if they would have rejected had I been working for my US employer.

Note that I had a specific reason to visit US when I applied for B1/B2 (family function).

I got the same question if i was still employed by same firm and if i have any relatives in US.

My only guess, the employment question could be related to previosuly filed and approved I-140.

 

[madrazi]

Sorry, let me clarify my situation better:

my significant other (not spouse or common law partner) is going to be in the states for the next year or so. My new employer is based on Canada as well as the states and I will have to visit the team in USA at some point after borders open up. I will also need to visit my s.o once border opens. That’s the reason I am looking at B1/B2 visa

 

[Nick1233]

Sorry, let me clarify my situation better:

my significant other (not spouse or common law partner) is going to be in the states for the next year or so. My new employer is based on Canada as well as the states and I will have to visit the team in USA at some point after borders open up. I will also need to visit my s.o once border opens. That’s the reason I am looking at B1/B2 visa

Don't they have an immigration attorney to advise?

If i were you,

1. would exit US few months before H1B expiry (making your intent clear despite an approved I-140)
2. would delay B1/B2 as much as possible
3. establish strong ties in Canada (may be long term lease, big ticket loans etc)
4. get documentation from US branch (invitation letter stating reason for visit etc)
5. make it clear to US branch you wouldn't do any work while over there, just meetings (no git commits etc). Don't try to work around, not worth it.
6. don't pay for anything starting from visa fees, let your Canadian branch handle it for you.
7. ensure Canadian branch continues to run your payroll while you are in your B1 trips

Given current consulate situation and delays in getting an appointment, timing might not be a concern. iirc, DS160 has a question for expenses of the trip, in you case sounds like it should be the Canadian branch. All expenses like visa fees, flights, hotels, transport, per diem should be taken care by the Canadian branch, check with them if they are fine if you select B1/B2 or just B1. (US might anyways end up issuing a B1/B2 for B1 only application) but its Canadian branch's prerogative (as they would be paying for everything)

 

[analyst123]

I got a 10yr B1/B2 within 6 months of moving for good to Canada

@fr72 approximately what consulate and what month/year did you get this visa approved ?

 

[fr72]

@fr72 approximately what consulate and what month/year did you get this visa approved ?

toronto, oct 2018