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  • H1B moving to Canada and need to visit US

    I am currently on H1B. Have the option to relocate to Canada by taking an internal transfer.

    I am thinking of taking this offer as it offers a path to Canadian PR but I will need to visit US for personal & business reasons.
    My wife also works in the US on H1B and cannot move with me due to her job situation.
    I will also be required to travel to US for attending business meetings, conferences etc.

    Once I accept the new offer my H1B will no longer be valid for re-entry because job location is not in US.

    What are my options here? Can I apply for a B1/B2 visa? Since I have an approved I-140 does that complicate things when applying for a B visa as I have shown immigrant intent?
    Also I will be mentioning somewhere in the US visa process that I have immediate family including a kid in the US.

    If B visa is doable can I change my status to B visa from H1B while living in the US?

    Any other options?

    Thanks


  • #2
    What you need is a visa to enter the US after moving to Canada.
    Since your purpose of the visit will be attending business meetings, conferences etc., you should apply for a B1/B2 visa from Canada.
    Its a simple & straightforward process if you have an invitiation letter from the US company and one from your employer in Canada.
    Since you have worked in the US (and assuming no visa violations / overstays) they will easily give you a 10yr visa.
    Applying for B1/B2 will not affect I-140 or I-485 process. For this to be true, the I-140 should have been approved for over 180 days & when filing for I-485, the US company should give you an offer letter for the job as discussed in the Green Card application.
    Opinion only. Cannot be construed as legal advice.

    Comment


    • #3
      Originally posted by R78 View Post
      What you need is a visa to enter the US after moving to Canada.
      Since your purpose of the visit will be attending business meetings, conferences etc., you should apply for a B1/B2 visa from Canada.
      Its a simple & straightforward process if you have an invitiation letter from the US company and one from your employer in Canada.
      Since you have worked in the US (and assuming no visa violations / overstays) they will easily give you a 10yr visa.
      Applying for B1/B2 will not affect I-140 or I-485 process. For this to be true, the I-140 should have been approved for over 180 days & when filing for I-485, the US company should give you an offer letter for the job as discussed in the Green Card application.

      I can get an invitation letter from US & Canada company.

      When applying for a B1/B2 visa I'll need to answer these questions on DS-160:

      Do you have any immediate relatives in the US? Yes since wife and child live in US

      Has anyone ever filed an immigrant petition on your behalf... Yes, assuming an approved I-140

      I am worried that my B visa can get denied because of immediate family and other connections in the US. Any thoughts around this?

      Thanks
      Last edited by ab9; 06-11-2020, 02:38 PM.

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      • #4
        You really think that they are that clueless to deny you after having been in the US, working on H1 ?
        Answer the questions truthfully and you'll be fine
        Opinion only. Cannot be construed as legal advice.

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        • #5
          Denial is a risk you have to take especially for people with approved I-140 . No other way around it

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