H1B Visa


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Candy1   
Member since: Aug 06
Posts: 20
Location:

Post ID: #PID Posted on: 28-08-07 14:19:13

I am planning (Indian Citizen) to apply for H1B Visa next month (already got approval) and need clarification for the following:

1. What will happen to my B1/B2 visa which is stamped for 10 years after I get my H1B visa.
2. Once I get H1B visa, can I travel to US on my old B1/B2 visa, as I plan to delay my joining due to some personal reasons and I need to travel for business/social purpose.
3. My joining date in my H1B visa application is mentioned as Oct 1st. Is it necessary that I join in October itself or I can join in March, 08 or later. Any issues if I apply for H1B in November, even though application mention joining date as Oct 1, 2007.
4. My family will be applying for H4 visa and same queries as above for them.
5. Once I get H1B visa on my indian passport and then I change my citizenship to Canada. How to transfer my H1B visa on Canadian passport. Is it easy.
6. What are the usual questions in the interview for H1/H4 visa. Any precaution.

I hope somebody can clarify the above.



AshwaniG   
Member since: Jul 04
Posts: 1484
Location: Convinient

Post ID: #PID Posted on: 28-08-07 14:30:03

The only answer that I am aware of from all your questions is :
Once you get your H1 approved ( stamped ) B1/B2 is cancelled ..
Please wait for someone with more experience to throw more light on your querries ..
Ashwani


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cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 28-08-07 14:31:50

Quote:
Originally posted by Candy1

I am planning (Indian Citizen) to apply for H1B Visa next month (already got approval) and need clarification for the following:

1. What will happen to my B1/B2 visa which is stamped for 10 years after I get my H1B visa.



-- It will be cancelled - they stamp it as "Cancelled without prejudice" in most cases.

Quote:

2. Once I get H1B visa, can I travel to US on my old B1/B2 visa, as I plan to delay my joining due to some personal reasons and I need to travel for business/social purpose.



-- No.

Quote:

3. My joining date in my H1B visa application is mentioned as Oct 1st. Is it necessary that I join in October itself or I can join in March, 08 or later.



-- It is not necessary to join on Oct 1, you can join later, but sooner the better. It might prompt the US consulate to question you if you join very late (like after 6 months to 1 year)

Quote:

Any issues if I apply for H1B in November, even though application mention joining date as Oct 1, 2007.



-- No.

Quote:

5. Once I get H1B visa on my indian passport and then I change my citizenship to Canada. How to transfer my H1B visa on Canadian passport. Is it easy.



-- No need to transfer the visa (in fact, it cannot be transferred, since cdns do not need the H1 visa stamp in their passport). Just use the cdn passport along with your I-94 for travelling to the US.



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 28-08-07 14:40:32

Quote:
Originally posted by Candy1
1. What will happen to my B1/B2 visa which is stamped for 10 years after I get my H1B visa.

Nothing.
You will have both visas since they are of different types.
Quote:
2. Once I get H1B visa, can I travel to US on my old B1/B2 visa, as I plan to delay my joining due to some personal reasons and I need to travel for business/social purpose.
Yes, you can, however, there are complexities involved.
If you enter the US on a B-1/B-2 status, you will have to file an AOS as soon as you start working.
Or leave the US and re-enter using your H-1B visa
Quote:
3. My joining date in my H1B visa application is mentioned as Oct 1st. Is it necessary that I join in October itself or I can join in March, 08 or later.
You can join anytime during the validity of the visa.
However, keep in mind that if it is a long time after, you will likely face strict questioning at the PoE.
If the company stated that they need the worker in Oct 2007 and you are showing up in March 08 or even later, the immigration officer might conclude that you are not really serious, or the company is not serious about it.
Quote:
Any issues if I apply for H1B in November, even though application mention joining date as Oct 1, 2007.
No, that's fine.
Quote:
4. My family will be applying for H4 visa and same queries as above for them.
H-4 can apply any time and come and go freely.
H-1B is more restrictive because you are supposed to be working.
Quote:
5. Once I get H1B visa on my indian passport and then I change my citizenship to Canada. How to transfer my H1B visa on Canadian passport. Is it easy.
Canadian citizens don't really need H-1B.
They can work under TN program.
Also, H-1B is usually for 3 years initially.
How can you switch from Indian passport to Canadian in 3 years, esp. while working in the US?
I am confused
Quote:
6. What are the usual questions in the interview for H1/H4 visa.
Questions about the company you are joining, the nature of job, your previous work experience and your education.
Quote:
Any precaution.
Yes, don't lie and don't try to cheat the system.

All the best.


-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 28-08-07 15:03:13

Quote:
Originally posted by pratickm

Quote:
Originally posted by Candy1
1. What will happen to my B1/B2 visa which is stamped for 10 years after I get my H1B visa.

Nothing.
You will have both visas since they are of different types.



- This is wrong, see my answer above (previous post). You can have only one status even if there are two visas. (most probably, the previous one is cancelled).

Quote:
2. Once I get H1B visa, can I travel to US on my old B1/B2 visa, as I plan to delay my joining due to some personal reasons and I need to travel for business/social purpose. Yes, you can, however, there are complexities involved.



-- If B1/B2 is not cancelled, there is a strong possibility that they will cancel the other (H1B) visa stamp while you are entering the US.

Quote:

If you enter the US on a B-1/B-2 status, you will have to file an AOS as soon as you start working.



-- Do you mean change of Status? AOS has a far different meaning.

Quote:
5. Once I get H1B visa on my indian passport and then I change my citizenship to Canada. How to transfer my H1B visa on Canadian passport. Is it easy. Canadian citizens don't really need H-1B.
They can work under TN program.
Also, H-1B is usually for 3 years initially.
How can you switch from Indian passport to Canadian in 3 years, esp. while working in the US?
I am confused



-- No need to get confused, see my previous post.



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 28-08-07 15:14:53

Quote:
Originally posted by cdn_dude
- This is wrong, see my answer above (previous post). You can have only one status even if there are two visas. (most probably, the previous one is cancelled).


Respectfully, I disagree.
You are confusing visa and status.
You can have only one status at a time, but any number of visas of different types.
I had B-1/B-2 AND H-1B on my passport at the same time.
An H-1B visa can cause a previous H-1B visa to be canceled automatically ( "canceled without prejudice" ), but not a B-1.

They might have changed things now, I am speaking of ~ 8 years ago.

But I used to have both types of visas and they were both valid.

Also, this was not uncommon.

Quote:
-- If B1/B2 is not cancelled, there is a strong possibility that they will cancel the other (H1B) visa stamp while you are entering the US.
Nope.
Both can stay valid.
When entering, you will simply state the purpose of your entry - if it's work, it will count against the H-1B.
If it's business/pleasure, it will count against the B-1/B-2.

Quote:
-- Do you mean change of Status? AOS has a far different meaning.
Sorry, I meant COS.
It was a typo.
Folks I know have done this without any problems - i.e. enter on B-1 and COS to H-1 status.

Quote:
-- No need to get confused, see my previous post.

I assumed that the OP is living in India and is not a Canadian PR.
If the OP is Canadian PR, then it is theoretically possible.
However, if he is working in the US for the next 3 years, how can he get Canadian citizenship?
Something is not adding up here....


-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


Candy1   
Member since: Aug 06
Posts: 20
Location:

Post ID: #PID Posted on: 28-08-07 15:28:44

Thanks all of you for clarification. But question 1 is still confusing to me, as Pratickm & cdn_dude dis-agree.

I am a Canadian PR (living in Canada for more than 3 years) and just applied for Canadian citizenship. It will take some time (probably few months) and I don't want to move to US before getting Canadian Citizenship (to avoid GC, etc. issues). My company probably will be ready to wait for me for few months. But I need to visit US regularly even though I don't move permanently on H1 until my cdn citizenship. Therefore I want B1/B2 visa. This is confusing for me.



Contributors: pratickm(9) cdn_dude(7) Candy1(6) dimple2001(3) raajen(2) guptamik(2) AshwaniG(1)



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