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Tourist visa after after approved i140

Anpman

Hero Member
Apr 15, 2018
277
24
Hello all
I have approved i140 from my company, also I have usa business visa valid till 2023.now I am moving to Canada on PR from same company.my client will need me to come to usa office 1-2 time in 6 months..can I use my business visa to enter usa? As I think as soon as I leave US my H1b will not be valid.
I need to tell my client, plz give some insight on this
 

Naturgrl

VIP Member
Apr 5, 2020
39,440
8,135
Contact US immigration. Also you will need to quarantine for 14 days and covid test every time you enter back into Canada. Also mandatory quarantine for 3 days - $2000 if travelling by air.
 

Anpman

Hero Member
Apr 15, 2018
277
24
Contact US immigration. Also you will need to quarantine for 14 days and covid test every time you enter back into Canada. Also mandatory quarantine for 3 days - $2000 if travelling by air.
Yeah I got to know that..but my concern is can I enter usa using my business visa as I read somewhere if u have approved i140 they dnt let u use business visa to enter .
 

Naturgrl

VIP Member
Apr 5, 2020
39,440
8,135
Yeah I got to know that..but my concern is can I enter usa using my business visa as I read somewhere if u have approved i140 they dnt let u use business visa to enter .
Don’t know. this is not an issue for Canadian border services. They are only concerned if you have the proper paperwork/authorization/PR card to enter Canada. Ask on US immigration forums.
 
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dry.00

Hero Member
Oct 4, 2018
326
80
So in summary, you have a H-1b status, and you're currently in the US with an approved I-140, but you want to move to Canada for PR?
Your H-1b status is still valid if you're still employed by the company that sponsored you and if the I-94 didn't expire.

I'm also H-1b status and a Canadian PR. I moved to Canada last year, but I don't have a H-1b visa stamp on my passport yet, but I've been able to commute to work in the US because my H-1b status is still valid.

Problem with a B-1 tourist visa is that you can't work in the US, so you can't show up for work on a travel visa.
And also, I don't know if the US will grant you one since you've already showed immigration intent by applying for I-140
 

dry.00

Hero Member
Oct 4, 2018
326
80
Your H-1B won't be jeopardized since H-1b is a dual-intent visa, meaning it can't expire just because your I-140 is approved.
 
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Anpman

Hero Member
Apr 15, 2018
277
24
So in summary, you have a H-1b status, and you're currently in the US with an approved I-140, but you want to move to Canada for PR?
Your H-1b status is still valid if you're still employed by the company that sponsored you and if the I-94 didn't expire.

I'm also H-1b status and a Canadian PR. I moved to Canada last year, but I don't have a H-1b visa stamp on my passport yet, but I've been able to commute to work in the US because my H-1b status is still valid.

Problem with a B-1 tourist visa is that you can't work in the US, so you can't show up for work on a travel visa.
And also, I don't know if the US will grant you one since you've already showed immigration intent by applying for I-140
My H1b visa is valid till 2023 but it is not stamped.and my company will move me to Canada on PR...and I will be coming to usa once in 2-3 months for business meetings..I had my business visa approved for 10 years before my H1b so I was planning to use that to enter usa...can I enter with my H1b without stamp?
 

dry.00

Hero Member
Oct 4, 2018
326
80
My H1b visa is valid till 2023 but it is not stamped.and my company will move me to Canada on PR...and I will be coming to usa once in 2-3 months for business meetings..I had my business visa approved for 10 years before my H1b so I was planning to use that to enter usa...can I enter with my H1b without stamp?
Well, I don't really know what "business visa" you have, but as far as H-1b is concerned, if you can re-enter the US if you don't travel outside US, Mexico, or Canada during the 30-day period that you were out in Canada. Look up Automatic Visa Revalidation.

You should also contact your lawyer if your "business visa" does not allow for dual intent.
I haven't heard anyone get denied entry because they're trying to reenter the US after applying for their green card, but you don't want to risk anything when it comes to immigration.
 

harirajmohan

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Mar 3, 2015
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Hello all
I have approved i140 from my company, also I have usa business visa valid till 2023.now I am moving to Canada on PR from same company.my client will need me to come to usa office 1-2 time in 6 months..can I use my business visa to enter usa? As I think as soon as I leave US my H1b will not be valid.
I need to tell my client, plz give some insight on this
You dont typically get your status invalid just in a day after moving to Canada since it will expire in the system if you dont reenter in 30 days.
Yes you can use your B visa for your business trips after moving to Canada. 140 doesnt matter till you apply for next B visa. Next time when you apply for B visa then you can convince (if at all asked - dont volunteer) that 140 was filed while you were on H1 to extend H1 and you dont have plan on moving currently.

Whatever you do, make sure your employer knows your plan to keep things under control.
 
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Anpman

Hero Member
Apr 15, 2018
277
24
You dont typically get your status invalid just in a day after moving to Canada since it will expire in the system if you dont reenter in 30 days.
Yes you can use your B visa for your business trips after moving to Canada. 140 doesnt matter till you apply for next B visa. Next time when you apply for B visa then you can convince (if at all asked - dont volunteer) that 140 was filed while you were on H1 to extend H1 and you dont have plan on moving currently.

Whatever you do, make sure your employer knows your plan to keep things under control.
Thank you soo much !!