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B2 Visa Eligibility

Discussion in 'Nonimmigrant Visa Applications' started by vishalbakshi, May 28, 2015.

  1. vishalbakshi

    vishalbakshi New Member

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    Hello Ron,

    I want to visit my brother who lives in usa (brother is on h1b visa). I am currently residing in canada as permanent resident. I moved to canada from India 3 months ago and currently looking for a job.

    I was in usa from 2004 to 2013 (2 years on f1 visa and 6 years on h1b visa). i also have an i140 approved.
    I was working in India from 2013-2014.

    Will this create problem for me in getting b2/visitor visa?

    Thanks,
    Vishal
     
    Last edited: May 29, 2015
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't know. It all depends on your ties to Canada and the apparent likelihood that you will return there following your visit.
     
  3. vishalbakshi

    vishalbakshi New Member

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    what about B1 visa if I have a job interview invitation from a company in the US?

    thanks,
    Vishal
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In theory, they should be able to do that. In practice, it's going to be tough.
     
  5. vishalbakshi

    vishalbakshi New Member

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    Thanks for your help Ron.
     
  6. vishalbakshi

    vishalbakshi New Member

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    Can you recommend which option has better chance for visa approval? going for B1 for job interview or B2 for visiting brother?

    Thanks,
    Vishal
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The truth has a better chance of approval.
     
  8. vishalbakshi

    vishalbakshi New Member

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    I am interviewing with a company that has office in canada and I will be working for them from canada. for the final interview round they want me to meet them in US office. if on job interview letter they put that I am going for job interview and will eventually work for them from canada, will that make things easier for getting b1 visa?

    thanks,
    Vishal
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They need to spell out the fact that you are coming in for a job interview and that the job will be in Canada. You should be OK.
     
  10. vishalbakshi

    vishalbakshi New Member

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    Hi Ron,

    I got Visitor's visa today. There r 2 options:
    1. I have job offer in USA who will transfer my h1b visa and then i can get visa stamped from us embassy in canada.
    2. Second option is to visit US on visitor visa, appear for more job interviews, come back and then apply for h1b visa.

    I am inclining towards second option. but I am curious that if i leave usa and then file for h1b transfer, do employers still need 60 day cooling off period to file for h1b even though i am not doing change of status.

    Thanks,
    Vishal
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I assume you are cap exempt? If so, then the second option is the best. There is no waiting period if you go abroad.
     
  12. vishalbakshi

    vishalbakshi New Member

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    Yes, I am cap exempt. I have h1b visa with approved I140.

    so to confirm you are saying, if i go to usa, and come back after job interviews, they can transfer h1b visa in premium and i can get back straightaway (no 60 day waiting) without any issues?

    thanks,
    Vishal
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, that is correct.
     
  14. vishalbakshi

    vishalbakshi New Member

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    Hi Ron,

    I have some questions about B1/B2 use. Let us say I got the visa for visiting my brother in US.
    1. Can I use it for other purpose too? For example for job interviews in US or will it create an issue at port of entry as it was not the reason for getting the visa in first place.

    2. Is it ok if i use visa for multiple entries in short space of time, like visit US for single day couple of times for job interview? Or I should enter for few weeks and visit family and do interviews in one visit?

    Thanks,
    Vishal
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Short visits are not a problem, nor are job interviews if you leave after the interviews are complete.
     
  16. vishalbakshi

    vishalbakshi New Member

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    ok. at this point I am planning single visit. How long can a single visit generally be? I need to buy return ticket to show the officer at port of entry.
    do you think they will be ok with one month long stay to visit my brother?

    thanks,
    Vishal
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Up to one month should be OK.
     
  18. vishalbakshi

    vishalbakshi New Member

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    ok. you told me about 60 day cooling off period between B visa and applying h1b visa. is that 60 day period after entering USA on visitor visa?

    Thank you,
    Vishal
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There is a presumption that if you file for change of status within 30 days, you had the preconceived intent to do so. After sixty day, it switches.
     

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