QUESTION
Can I stay in the US for leisure from June - Oct 1st under B2 visa until H1B takes effect?
Asked on Jan 04th, 2017 on Immigration - Nevada
More details to this question:
Im currently dating a US citizen, I am a canadian citizen. Im graduating from my M.Sc in Canada in June. I've read that once the H1B is approved and your visa is stamped (hoping all goes well), that you can only enter the US 10 days prior to employment start (sept 20th for oct 1st start for h1b) Could I apply for a B2 visa to stay with my boyfriend until my H1B takes effect? Something like June - Oct 1st? Im aware I have to do my interview and visa stamping in Canada, I can take a trip for that. But is it possible to just take trips and re-enter under B2 visa? And once everything is stamped, does the H1B visa stamp replace B2? Or is there a conversion involved. Thank you!
1 ANSWER
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As you are a Canadian, you do not require a visa to enter the United States for visiting purposes. If you have a valid reason for being in the US for visiting purposes such as visiting with your boyfriend, you can explain that to the inspecting officer upon your entry with a Canadian passport. Similarly Canadians are not required to have H-1B visas put into their passports. At the appropriate time, you can approach the port of entry with your I-797 H1B approval and requested admission into the US to take up your H-1B position. You may of course have to explain what you were doing in the United States from June-October 1.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 29th, 2017 at 1:51 PM