Is it OK to use a visitor visa while holding an H-1B? • Tech Crunch

Sophie Alcorn
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Sophie Alcorn He is the founder of Alcorn Immigration Law in Silicon Valley and the 2019 Global Law Experts Awards “California Law Firm of the Year for Business Immigration Services.” It connects people to businesses and opportunities that expand their lives.

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Dear Sophie,

I’m in Toronto, Canada, and approved for H-1B, which was recently stamped in my passport. I plan to move to the US next year. Can I visit the US on a previous B-1/B-2 visa in November?

Will you raise any red flags if I am visiting as a visitor while holding an approved/stamped H-1B visa?

talented in toronto

Dear talented,

Congratulations on the H-1B seal and approval! Before I dive into your questions, let’s cover some basics about visa types.

Visa types

The Immigration Act has two broad types of visas:

1. Nonimmigrant visas – sometimes called work visas or visas;
2. Immigrant visas – also known as green cards or permanent residence.

But it is a little complicated, because another factor in whether someone gets a visa and is accepted for entry is their intent. Government officials assess whether they believe you intend to immigrate to the United States.

So, there is an overlap between the type of visa or green card you want, and whether you have a non-immigrant or immigrant intent:

Sophie’s Intent Matrix

	green card	visa
The intention of the immigrant	wanted1	Reason for denial3 or acceptable4
Non-immigrant intention	Reason for denial2	Acceptable5

Notes:

1. The intent of the immigrant is the goal of the green card, and you must have the intent to immigrate permanently to the United States if you wish.
2. You really should like it He lives in the United States to qualify for and maintain permanent residence.
3. It is clear that many visas such as B for visitors, F-1 for students, and J-1 for exchange visitors require nonimmigrant intent, and evidence of intent to immigrate is the reason for refusal.
4. Certain visas such as the H-1B and L-1 are dual intent, and your intent to stay short or long term has nothing to do with the sentence.
5. Most nonimmigrant visas are initially designed for nonimmigrant people.

Image credits: Joanna Boniak / Sophie Alcorn (Opens in a new window)

So for people with intent to immigrate, the law provides for green cards. The whole point of getting permanent Residency is to enable certain persons to fulfill their intention to remain permanently in the United States. They can live and work in the United States, travel abroad with few restrictions, and even apply to become a US citizen after fulfilling certain requirements.

However, persons seeking single-purpose entry or visas based on these visas only allow non-immigrant Intent, like B in the situation you described, must prove to immigration officials that their stay in the United States is only temporary They intend to eventually return to live in their home country.

In general, it can be difficult to switch from a nonimmigrant visa to an immigrant visa, also known as a green card. The general purpose of this immigration policy is not to abuse the system by obtaining nonimmigrant visas and then overstaying without permission.

But there is an exception: it’s good for people around double intent visas (generally nonimmigrant work visas) to apply for green cards.

Multiple visas in your passport

from San Jose News Bulletin https://sjnewsbulletin.com/is-it-ok-to-use-a-visitor-visa-while-holding-an-h-1b-tech-crunch/