H1B stamping in Canada?

[cvaib]

Hi, I have my H1 renewed for 3 years. I plan to move to Canada and continue working for my US job with travel 1-2 times a month.
Can I gt my H1B stamped in Canada, so that no trips to India have to be made before moving. I know about the AVR process, but sometimes the travel gap can be longer than 30 days so need to be prepared.

 

[harirajmohan]

Hi, I have my H1 renewed for 3 years. I plan to move to Canada and continue working for my US job with travel 1-2 times a month.
Can I gt my H1B stamped in Canada, so that no trips to India have to be made before moving. I know about the AVR process, but sometimes the travel gap can be longer than 30 days so need to be prepared.

https://ais.usvisa-info.com/en-ca/niv

https://www.canadavisa.com/canada-immigration-discussion-board/threads/h1b-visa-stamping-in-canada.621324/

 

[lampbreaker]

You can certainly apply for H1B Visa at a US consulate in Canada. However, if you plan to travel for a 'few' days, you need to apply for B1/B2 Visa for business visits. H1B Visa is for actually working on US payroll from a US location. Consult with an attorney.

 

[cvaib]

You can certainly apply for H1B Visa at a US consulate in Canada. However, if you plan to travel for a 'few' days, you need to apply for B1/B2 Visa for business visits. H1B Visa is for actually working on US payroll from a US location. Consult with an attorney.

Thanks. The problem with B1/B2 visa is that the company wont allow me to do 'billable' work. So, H1B was an option for that. I understand your point. Let me confirm with the attorney.

 

[aspirant9]

Thanks. The problem with B1/B2 visa is that the company wont allow me to do 'billable' work. So, H1B was an option for that. I understand your point. Let me confirm with the attorney.

Hi there,
Could you please share the advise given by your attorney? I am in a similar situation. Thanks in advance.

 

[cvaib]

Hi there,
Could you please share the advise given by your attorney? I am in a similar situation. Thanks in advance.

Hi, my company advised me to be in Canada and travel very infrequently such as once in 2-3 months.

 

[aspirant9]

Hi, my company advised me to be in Canada and travel very infrequently such as once in 2-3 months.

Thank you so much for replying! Is your company fine with paying you in USD while on H1B and working from Canada remotely in this arrangement? My LCA application has company’s US address and I was not sure how my company can justify this if USCIS officer visits for inspection.

Thanks!

 

[cvaib]

Thank you so much for replying! Is your company fine with paying you in USD while on H1B and working from Canada remotely in this arrangement? My LCA application has company’s US address and I was not sure how my company can justify this if USCIS officer visits for inspection.

Thanks!

No,I will be paid in CAD and my H1 will be surrendered before they can apply for my B1. they cant pay H1 employees on foreign address

 

[aspirant9]

No,I will be paid in CAD and my H1 will be surrendered before they can apply for my B1. they cant pay H1 employees on foreign address

Ok great, do you know how they made arrangement to pay you in CAD? I am assuming they don’t have Canada branch.

 

[lampbreaker]

Actually, the currency of the salary does not matter. What matters is whether taxes are paid to US or Canada. If the US company has payroll function that can handle Canadian taxes, that will be fine.

 

[cvaib]

Ok great, do you know how they made arrangement to pay you in CAD? I am assuming they don’t have Canada branch.

my company has Canada office. so this will be a transfer

 

[dauntless84]

Guys,

I hope to get some answer here from you in regard to H1B's consular processing. I will be honest with you guys, I'm quite tired of trying for the H1B program, been in the US from the last decade and no change on my H1B Luck.

Right now I'm on F1 Visa and wanted to know if I have to leave the country if my H1B gets approved under Consular Processing? Or, can I continue to complete my Masters and then go outside the country for the H1B Stamping?

I dont wish to pay for premium processing.


Dan

 

[lampbreaker]

Guys,

I hope to get some answer here from you in regard to H1B's consular processing. I will be honest with you guys, I'm quite tired of trying for the H1B program, been in the US from the last decade and no change on my H1B Luck.

Right now I'm on F1 Visa and wanted to know if I have to leave the country if my H1B gets approved under Consular Processing? Or, can I continue to complete my Masters and then go outside the country for the H1B Stamping?

I dont wish to pay for premium processing.


Dan

If H1B petition gets approved without change of status (as consular notification), then your current status remains valid. You can continue to hold it as long as you wish. If you want to change to H1B at some time in future, while the petition remains valid, you can leave the US, obtain H1B Visa and return in H1B status. However, practically it will be better if you don't delay it too much. Assuming H1B petition is valid for 3 years, I would recommend changing to H1B status within the first year.

 

[dauntless84]

If H1B petition gets approved without change of status (as consular notification), then your current status remains valid. You can continue to hold it as long as you wish. If you want to change to H1B at some time in future, while the petition remains valid, you can leave the US, obtain H1B Visa and return in H1B status. However, practically it will be better if you don't delay it too much. Assuming H1B petition is valid for 3 years, I would recommend changing to H1B status within the first year.

Thank you very much!


Dan