Can I have H1B as well as B1/B2 stamped ?

[rahul.ahuja]

My H1B extension is approved, but I don't plan on travelling on Jan 2023 to work in US. (and I will get it stamped from Canada around August 2022).

Meanwhile, can I get B1/B2 stamped if I intend to travel to US for tourism ?

Will US embassy cancel 1 visa type when I get the second one stamped ?

 

[harirajmohan]

My H1B extension is approved, but I don't plan on travelling on Jan 2023 to work in US. (and I will get it stamped from Canada around August 2022).

Meanwhile, can I get B1/B2 stamped if I intend to travel to US for tourism ?

Will US embassy cancel 1 visa type when I get the second one stamped ?

You can get B before that.
No one can know if they will cancel B before issuing H. It all depends on officer. Sometimes even cbp will cancel the other visa if they feel that you dont need the other visa. You can anyway go for visiting US (other than work) using H visa hence you dont need B after that.

 

[rahul.ahuja]

You can get B before that.
No one can know if they will cancel B before issuing H. It all depends on officer. Sometimes even cbp will cancel the other visa if they feel that you dont need the other visa. You can anyway go for visiting US (other than work) using H visa hence you dont need B after that.

Are you sure we can use H visa for travel purposes ?

 

[harirajmohan]

Are you sure we can use H visa for travel purposes ?

Yes, if you are not yet commuting you wont know these.
I commuted hence i know how i used my visa in the last few years.

 

[Takita]

Yes, if you are not yet commuting you wont know these.
I commuted hence i know how i used my visa in the last few years.

what would you say to the question from officer "why are you here/what's purpose of your travel"?

Shouldn't they ask for employer name and address at POE?

saying "tourism or visiting friends/relatives/places" and showing H-1B stamp on PP for this convince visa officer at POE?

I don't think so.

Mind sharing questions asked and your response regarding visa and purpose?

 

[harirajmohan]

1. what would you say to the question from officer "why are you here/what's purpose of your travel"?

2. Shouldn't they ask for employer name and address at POE?

3. saying "tourism or visiting friends/relatives/places" and showing H-1B stamp on PP for this convince visa officer at POE?
4. I don't think so.

5. Mind sharing questions asked and your response regarding visa and purpose?

1. Say the actual purpose. Its just as simple as that.
2. They wont ask during your visit purpose as employer is no longer relevant.
3. Nothing to convince. Just give actual reason.
4. If you havent yet started commuting then you shouldnt be assuming anything whether you can/cannot do. CBP just avoids B visa while H is still working in US which is good for commuters.
5. Officer questions, my answers:
Where are you going?, To xyz city in Michigan. Visiting friend. (sometimes we say as shopping since we go only for that, sometime i say as going to airport to pickup my family).
Are you staying today or returning today back today itself?, Not staying and returning in 4-5 hours.
Are you working in US?, Yes i work in xyz company at Detroit.
Is your residence in Canada? Yes
From which place are you coming from(which city are you staying in Canada)?, windsor.
Have you ever travelled outside of US and Canada in the last 14 days?, No

Not all questions get asked but mostly only these questions most of the time.
Yes i always handover the passport showing the stamp page/I94 page.
During our travel, i always have had only H1 visa and my family switched to B after moving to Canada so that we can all can travel to US on day trips(and short trips of few days stay in US). Travelled during evenings sometimes night, sometimes early morning, afternoon - almost all time periods in a day. No issues as long as reasons are actual and valid.

All these doubts should come if I come from India to visit US using my H1 visa. I am not. I am at neighbouring country and working and commuting in US hence cbp allows H1 guys to use it for visit purpose without B visa.

 

[Takita]

1. Say the actual purpose. Its just as simple as that.
2. They wont ask during your visit purpose as employer is no longer relevant.
3. Nothing to convince. Just give actual reason.
4. If you havent yet started commuting then you shouldnt be assuming anything whether you can/cannot do. CBP just avoids B visa while H is still working in US which is good for commuters.
5. Officer questions, my answers:
Where are you going?, To xyz city in Michigan. Visiting friend. (sometimes we say as shopping since we go only for that, sometime i say as going to airport to pickup my family).
Are you staying today or returning today back today itself?, Not staying and returning in 4-5 hours.
Are you working in US?, Yes i work in xyz company at Detroit.
Is your residence in Canada? Yes
From which place are you coming from(which city are you staying in Canada)?, windsor.
Have you ever travelled outside of US and Canada in the last 14 days?, No

Not all questions get asked but mostly only these questions most of the time.
Yes i always handover the passport showing the stamp page/I94 page.
During our travel, i always have had only H1 visa and my family switched to B after moving to Canada so that we can all can travel to US on day trips(and short trips of few days stay in US). Travelled during evenings sometimes night, sometimes early morning, afternoon - almost all time periods in a day. No issues as long as reasons are actual and valid.

All these doubts should come if I come from India to visit US using my H1 visa. I am not. I am at neighbouring country and working and commuting in US hence cbp allows H1 guys to use it for visit purpose without B visa.

Thanks @harirajmohan, really appreciate taking time to respond in detail!!

In my case, I worked for US company, physically lived until Jul 2021. I moved/transferred to Canada with same company in Jul 2021. Living/working physically in Canada since Jul 2021.

I have valid H-1B stamp on my passport valid until 2023.

Since I live in Windsor, ON. My purpose of travel would be shopping, travel, meet friends in US and/or catch flight in Detroit airport.

So, if I have a valid flight ticket for travel within US say from DTW (Detroit) to (EWR) New York (OR) inter continental travel from DTW (Detroit) to DEL (Delhi). If I say "I need to catch a flight in Detroit" or "I'm here for shopping" when officer asks "why are you here" showing my H-1B stamp works as long as I have clear answer of when I will return back to Canada (If shopping - mostly same day, If US travel - mostly within week, If Inter continental travel - mostly a month)???

 

[harirajmohan]

Thanks @harirajmohan, really appreciate taking time to respond in detail!!

In my case, I worked for US company, physically lived until Jul 2021. I moved/transferred to Canada with same company in Jul 2021. Living/working physically in Canada since Jul 2021.

I have valid H-1B stamp on my passport valid until 2023.

Since I live in Windsor, ON. My purpose of travel would be shopping, travel, meet friends in US and/or catch flight in Detroit airport.

So, if I have a valid flight ticket for travel within US say from DTW (Detroit) to (EWR) New York (OR) inter continental travel from DTW (Detroit) to DEL (Delhi). If I say "I need to catch a flight in Detroit" or "I'm here for shopping" when officer asks "why are you here" showing my H-1B stamp works as long as I have clear answer of when I will return back to Canada (If shopping - mostly same day, If US travel - mostly within week, If Inter continental travel - mostly a month)???

If you noted, i mentioned the experience and scenario for the H1 person currently working in US whoever is still maintaining H status. Per my understanding, cbp allows the currently working guy to use H for visit purpose to avoid changing their long term work status just for short trips.

So I doubt that they will allow to use H visa in lieu of B when someone is not currently working. I will assume that you are as good as traveling from some other non-border countries seeking B status with H visa.

I wouldnt risk it and get denial which will be on permanent record and its very headache for whole life time to deal with border check whenever we seek entry to US.

 

[Takita]

If you noted, i mentioned the experience and scenario for the H1 person currently working in US whoever is still maintaining H status. Per my understanding, cbp allows the currently working guy to use H for visit purpose to avoid changing their long term work status just for short trips.

So I doubt that they will allow to use H visa in lieu of B when someone is not currently working. I will assume that you are as good as traveling from some other non-border countries seeking B status with H visa.

I wouldnt risk it and get denial which will be on permanent record and its very headache for whole life time to deal with border check whenever we seek entry to US.

Correct, your experience applies to someone who's actually working in US, living in Canada.

In my case, Does applying B2 Visitor visa jeopardize current I-140 or future green card prospects?

Does POE has authority to cancel H visa when enter using B visa or does system cancel automatically?

I'm bit skeptical to apply for B visa but it'll be really useful at lease for air travel via Detroit airport (40min) compared to 4hr travel to Toronto airport.

Any successful cases applied/travelled suing B visaa already having H stamp/I-140 approved?

 

[harirajmohan]

1. In my case, Does applying B2 Visitor visa jeopardize current I-140 or future green card prospects?

2. Does POE has authority to cancel H visa when enter using B visa or does system cancel automatically?

3. I'm bit skeptical to apply for B visa but it'll be really useful at lease for air travel via Detroit airport (40min) compared to 4hr travel to Toronto airport.

4. Any successful cases applied/travelled suing B visaa already having H stamp/I-140 approved?

1. No. Both are different. Many are visitor visa denied have been granted H. Lot of cases like this.
Many current 140 holders are able to get B visa. So as long as you are settled in Canada then you would be issued B. Make sure you apply for B visa after 6-9 months of moving to Canada. It will be better if we apply after 1 year but you should be able to prove the permanent ties to Canada.
Many H families who moved to Canada have 140 and some have to apply for B visa(the spouse whoever dont work in US). So we dont see any rejection. Spouse too will be part of already approved 140 and had to declare in DS160 for B visa about immigrant petition(140) already approved. I dont see any issues. My wife could get and many others in forum too.
2. Per my understanding, its manual by visa officer or cbp officer.
3. If you are are not working in US then there is nothing to be skeptical about applying for B visa because you cannot use H visa hence you dont have any other choice. If you still go ahead and try using H visa then you risk denial.
Denial is more dangerous than applying for B visa.
4. Refer #1

Dont overthink too much. Always try for correct visa category. Doesnt matter whether they approve or not.
My B was denied but later could get H. This kind of cases are lot. So its not a big deal as purpose changes each time you apply as long as situation varies and valid - you shouldnt worry much about it.