Location: Western Hemisphere
Posted on: 28-08-07 15:30:11
What patrickm said still applies. When you enter the country, your purpose of entry decides which stamped visa to be "used". There is only one status per entry, but holding multiple types of visas is perfectly legal and allowed.
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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.
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Dimple2001
Quote:If you have just applied for Canadian citizenship, you are several months away from getting it.
Originally posted by Candy1
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.
Timelines vary, I'm sure, but it's in months and not weeks.
If your US company is willing to wait for a year or more, then good for you.
Also, once you have Canadian citizenship, you don't need H-1B visa - you can simply use the TN program to work in the US.
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"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"
Quote:
Originally posted by pratickm
Quote:If you have just applied for Canadian citizenship, you are several months away from getting it.
Originally posted by Candy1
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.
Timelines vary, I'm sure, but it's in months and not weeks.
If your US company is willing to wait for a year or more, then good for you.
Also, once you have Canadian citizenship, you don't need H-1B visa - you can simply use the TN program to work in the US.
Pratik, I appreciate your polite response. Even if it has worked for you, it might not work for the OP. I have seen many cancellations like this in the same timeframe as you - about 10 years back. The visa was once cancelled at Calgary consulate and my other friend's visa was cancelled at Calgary POE. (I have seen those cancelled visas personally).
Also, there is no need to switch to TN - there is no "must" to change to TN once you get cdn ppt. H1B is safer than TN and if you already have H1B, I would suggest that one should not go for TN without any valid reason (like 6 yr period getting over). See my previous post for this answer, regarding what to do in case the OP changes his citizenship.
Hi,
1. You cannot have both the visas at the same time. They will cancel your B1/B2 with "Cancelled without Prejudice".
2. You won't have B1/B2 visa. You have to enter only on H1B visa to work there.
3.You can join later as long as your employer agrees.
4. H4 visa holders can enter and leave at any time.
5. You can be on H1B visa even if you are a canadian citizen. If you are on TN, you can't apply for US GC. If you are H1B, you are eligible to apply for US GC.
6. As long as the documents are valid, there won't be any issues
Hope this helps.
Raajen.
Location: Western Hemisphere
Posted on: 28-08-07 21:07:22
It goes to tell that the POE officers have utmost discretion. Yes, you can have two types of visa. But here is the caveat. When you enter US, if you state your purpose as work, there is great chance that your B1/B2 will be stamped cancelled.
However, here is something that happened to me a while ago. While coming back from Amsterdam into Detroit (while living in Windsor), the officer asked me two questions. What's my status in the US - I was on H1 (I had a valid H1 stamped on my passport). Next was where I lived and where I was heading after clearing the airport. I said, Windsor. To that, the reply was I needed B1/B2 since a)I did not live in the US and b) I was not entering US for the purpose of work, instead I was transiting to go home (to another country).
The officer's stand was I am allowed and should have had both visas on my passport so that I could interchangeably use depending on the stated purpose of entry. Of course, he said he would be ok with H1 visa if I lived in the US since my main intent to live in the US would have been for work.
The point is, you are legally allowed to hold two types of non-contradicting visas, however, your status will be determined at the POE and further actions may be taken to void the non-applicable status.
Anyway, it took his supervisor's blessing to let me off the hook with no B1 visa during that trip.
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Dimple2001
Quote:
Originally posted by raajen
5. You can be on H1B visa even if you are a canadian citizen. If you are on TN, you can't apply for US GC. If you are H1B, you are eligible to apply for US GC.
This is incorrect. I have successfully processed (and received) my green card while on TN.
Quote:
Originally posted by dimple2001
The point is, you are legally allowed to hold two types of non-contradicting visas, however, your status will be determined at the POE and further actions may be taken to void the non-applicable status.
Anyway, it took his supervisor's blessing to let me off the hook with no B1 visa during that trip.
The officer clearly did not know what he was talking about (it happens many times - I have encountered an officer who did not know AVR and the supervisor had to intervene to let me go).
Dimple's and Pratik's experiences are rare and mostly one of the visas will be cancelled at the POE or at the consulate. Two types of visas will rarely be issued - mostly by mistake of the visa issuing authority - because MOST OF the US visas are single intent!!!!!
