Wanted to chime in and give my $0.01 in this discussion; Some asnwers may be repeats from previous posts:
1. B1/B2 visa is just a visa and not a status as Patrick mentioned and if you have a valid B1/B2, this is NOT cancelled when u get a new status. My hubby has both B1/B2 valid for another 7 years as well as H4. He got his H4 in August 2007. As Patrick rightfully mentioned, VISA and STATUS are 2 different things and i suggest that you do more research to satisfy yourself.
2. You can travel on either visa but note that if u travel on the B1/B2, they will give you the I-94 (entry document) only for 6 months since that's the duration of stay allowed on a B1/B2. However, they can also question you at the Port of Entry (PoE) as to why you are not using your H1-B and may also cancel your H1-B.
3. If your joining date is Oct1, you HAVE to get teh stamp prior to that or the embassy can question and consequently deny your visa. Please note that an approved job doens't necessarily guarantee a visa. I would suggest that you don't delay the process and if there's a pressing reason then please get another letter for the company giving you a later start date. You are setting yourself up for failure.
4. Same rules apply for your family.
5. H1-B is only for people who dont have a treaty with USA. Canada and Mexico have a NAFTA agreement and as such have special visas. Once you get your canadian citizenship, you can apply for the TN Visa.
6. There are no usual questions. The concept is usually that the officer wants to know that you have ties to your home country and you will return and not settle in USA. Make sure you have all your paper work and visit the american embassy site in the country where you are located and read the guidelines.
Please note, in your post it sounds like you are trying to make your life difficult by delaying things.
Good Luck!
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.
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.
Location: Western Hemisphere
Posted on: 06-09-07 11:16:40
Quote:
Originally posted by guptamik
3. If your joining date is Oct1, you HAVE to get teh stamp prior to that or the embassy can question and consequently deny your visa. Please note that an approved job doens't necessarily guarantee a visa. I would suggest that you don't delay the process and if there's a pressing reason then please get another letter for the company giving you a later start date. You are setting yourself up for failure.
4. Same rules apply for your family.
5. H1-B is only for people who dont have a treaty with USA. Canada and Mexico have a NAFTA agreement and as such have special visas. Once you get your canadian citizenship, you can apply for the TN Visa.
I hope somebody can clarify the above.
No. 3 above - Visa can be applied at the most 10 days before validity of H1 or anytime after the validity starts. In this situation of the original poster, it may be prudent to obtain visa around the time of H1 validity start, however, there is no need for a visa if during the entire duration, the individual is inside the US and not leave and re-enter. This could happen if one is renewing H1 for another term.
No 5 - H1 is available for everyone including NAFTA country citizens. NAFTA citizens, in addition are eligible for TN.
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Dimple2001
Quote:Visa can be applied any time after the starting date.
Originally posted by guptamik
3. If your joining date is Oct1, you HAVE to get teh stamp prior to that or the embassy can question and consequently deny your visa.
However, the later is gets, the more scrutiny you are likely to face.
Quote:This does not apply to H-1B visas.
6. There are no usual questions. The concept is usually that the officer wants to know that you have ties to your home country and you will return and not settle in USA.
H-1B is a "dual-intent" visa, unlike B-1/B-2, where proving binding ties to home country is of utmost importance.
Usually for H-1B, they don't care much about ties to home country.
I'm glad that others have corroborated the possibility of multiple visas on the passport
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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"
Thanks all of you. I plan to apply for H1 visa around mid of October, as I plan to be in the US for few days in early Oct on B1/B2. I will request my company to issue me a letter showing delay in joining.
I know many IT companies in India apply for their employees for H1 visa but not all of them go to US in October and many times they go after few months/year. How do they manage.
I want to make sure to follow all the rules and get my canadian citizenship before I move to US on H1 or atleast some process started for my Canadian citizenship (I had applied for the citizenship more than a month ago but not yet got even the file no).
Quote:It is 100% up to the consular officer - some consulates are more liberal than others.
Originally posted by Candy1
I know many IT companies in India apply for their employees for H1 visa but not all of them go to US in October and many times they go after few months/year. How do they manage.
A few months is fine.
If you wait a year or more, it starts to get tricky because the consulate can question the validity of the job offer.
If you ask me, an applicant who hasn't applied for an H-1B visa for a year since the approval there is something wrong.
The entire premise of the H-1B visa is that a company could not find an American worker to do that specific job and is hence applying to DoS to import a foreign worker.
However, if the foreign worker is not gonna start the job until a year, then that what is the validity of that petition?
Quote:If you applied for Canadian citizenship a month ago and haven't received a file number, there is no way you can receive your Canadian passport by this October.
I want to make sure to follow all the rules and get my canadian citizenship before I move to US on H1 or atleast some process started for my Canadian citizenship (I had applied for the citizenship more than a month ago but not yet got even the file no).
I am completely confused by your plans and logic.
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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"
Thanks Pratik for your reply. I know that I can't get the citizenship soon. I am planning to apply for H1 in mid of October and may move to US around January. Atleast at that time my citizenship process will start and if lucky may get the citizenship test too.
I hopefully can request my company to delay my move for few months (as this was the condition, when we agreed to move). Since company is waiting for my move since last year (last year my H1 application was delayed, so can't get approval). I am currently working for their parent company. I hope this clarifies.
Quote:It is highly unlikely that your entire citizenship process will be complete AND receive passport as well -by Jan 08.
Originally posted by Candy1
Thanks Pratik for your reply. I know that I can't get the citizenship soon. I am planning to apply for H1 in mid of October and may move to US around January. Atleast at that time my citizenship process will start and if lucky may get the citizenship test too.
You have to factor in Christmas holidays as well.
I believe anything before next Spring is being too optimistic.
Quote:Yes, and no.
I hopefully can request my company to delay my move for few months (as this was the condition, when we agreed to move). Since company is waiting for my move since last year (last year my H1 application was delayed, so can't get approval). I am currently working for their parent company. I hope this clarifies.
I mean I kinda understand what you are trying to do and how you are trying to wriggle your US employer to work around the system to accomodate you.
I just believe this is playing the H-1B rules too much.
Simple fact is that your employer petitioned the US Govt. for a foreign worker to start work in Oct 07 because they could not find comparable US workers to do the job.
If you(the foreign worker) does not start working until almost Oct 08 - which is one full year from the original start date - it calls into question the very validity of the H-1B petition.
I don't know how liberal or strict consulates and POE officers are these days, so your startegy may work.
Esp. if you are able to show letters from the company stating the reasons for the delayed start, your plan will probably work.
However, IMHO, both you and your US employer are simply playing games with the intent and purpose of the H-1B program.
Which is why the US Govt. is imposing more and more draconian restrictions and limitations on the H-1B program, making it harder for everyone.
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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"
