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Can I stay with my bf in the US under B2 visa until H1B takes effect?

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  • Can I stay with my bf in the US under B2 visa until H1B takes effect?

    Im currently dating a US citizen, I am a canadian citizen. Im graduating from my M.Sc in Canada in June. I've read that once the H1B is approved and your visa is stamped (hoping all goes well), that you can only enter the US 10 days prior to employment start (sept 20th for oct 1st start for h1b) Could I apply for a B2 visa to stay with my boyfriend until my H1B takes effect? Something like June - Oct 1st? Im aware I have to do my interview and visa stamping in Canada, I can take a trip for that. But is it possible to just take trips and re-enter under B2 visa? And once my H1B stamp takes effect on Sept 20th, I could just change status to H1B worker and nullify the B2?

    Please help me with my options, Im hoping I dont have to wait til sept 20th to move, only 10 days to get settled in would be rough for me.

    Thank you!

  • #2
    Canadian citizens don't need B2 visas. You would simply enter the US as a visitor without a visa, though it may be harder if they know you are dating a US citizen. If you weren't in the US when your employer applied for the H1b petition, it likely did not also request a change of status, so the petition approval won't change your status. So you would have to leave the US and re-enter using the petition approval to enter into H1b status. Canadian citizens don't need H1b visas; they simply show the petition at port of entry.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      Canadian citizens don't need B2 visas. You would simply enter the US as a visitor without a visa, though it may be harder if they know you are dating a US citizen. If you weren't in the US when your employer applied for the H1b petition, it likely did not also request a change of status, so the petition approval won't change your status. So you would have to leave the US and re-enter using the petition approval to enter into H1b status. Canadian citizens don't need H1b visas; they simply show the petition at port of entry.
      So I could stay that many months without them asking questions, if i dont have a return flight booked, without a visa? So I should probably say Im staying with another friends address instead of boyfriend, or say hes just a friend (do they write that stuff down? Ive only visited him 1-2 times)?

      And just to clarify, I dont need my h1b visa stamp to enter US if Im Canadian, just the petition? I just need to leave to do my two interviews with the embassy/VAC I guess around 90 days before employment start date, then re-enter after that trip as h1b status?

      Thank you so much for your help!

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      • #4
        Originally posted by Jen Pichette View Post
        So I could stay that many months without them asking questions, if i dont have a return flight booked, without a visa? So I should probably say Im staying with another friends address instead of boyfriend, or say hes just a friend (do they write that stuff down? Ive only visited him 1-2 times)?

        And just to clarify, I dont need my h1b visa stamp to enter US if Im Canadian, just the petition? I just need to leave to do my two interviews with the embassy/VAC I guess around 90 days before employment start date, then re-enter after that trip as h1b status?

        Thank you so much for your help!
        Canadian visitors can stay 6 months. Don't lie about anything if asked. You can say you are staying with a friend (which is true). But if they ask about who it is don't say it's someone else. They are probably not going to ask too many questions of Canadian visitors anyway.

        I am not sure what you mean interviews with the embassy. You don't need a visa so why are you going to the embassy/consulate? Just go to the border with your petition to enter into H1b status.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          Canadian visitors can stay 6 months. Don't lie about anything if asked. You can say you are staying with a friend (which is true). But if they ask about who it is don't say it's someone else. They are probably not going to ask too many questions of Canadian visitors anyway.

          I am not sure what you mean interviews with the embassy. You don't need a visa so why are you going to the embassy/consulate? Just go to the border with your petition to enter into H1b status.
          Don't you need to do two interviews once your H1B is approved? Like I need the h1b to work, not just stay in the country. From what I read, I need to do an interview with the embassy and get fingerprinted/photographed by VAC after the petition is approved/fees paid, which is when I get a visa stamp/H1B status? Sorry I'm pretty new to all this.

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