Is it OK to make use of a customer visa whereas holding an H-1B? • TechCrunch

Right here’s one other version of “Expensive Sophie,” the recommendation column that solutions immigration-related questions on working at know-how corporations.

“Your questions are very important to the unfold of information that enables individuals all around the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in individuals ops, a founder or in search of a job in Silicon Valley, I might like to reply your questions in my subsequent column.”

TechCrunch+ members obtain entry to weekly “Expensive Sophie” columns; use promo code ALCORN to buy a one- or two-year subscription for 50% off.

Expensive Sophie,

I’m in Toronto, Canada, and I used to be permitted for an H-1B, which was not too long ago stamped in my passport. I plan to maneuver to the U.S. subsequent 12 months. Can I go to the U.S. on a earlier B-1/B-2 visa this November? Would it not elevate any pink flags if I had been to go to as a customer whereas holding an permitted/stamped H-1B visa?

— Proficient in Toronto

Expensive Proficient,

Congrats in your H-1B approval and stamp! Earlier than I dive into your questions, let’s cowl some fundamentals on visa sorts.

Visa sorts

Immigration regulation has two broad sorts of visas:

1. Non-immigrant visas — additionally typically referred to as work visas, or visas;
2. Immigrant visas — often known as inexperienced playing cards, or everlasting residence.

Nevertheless it’s slightly difficult, as a result of one other consider whether or not anyone receives a visa and is admitted for entry is their intention. The federal government officers are evaluating whether or not they assume you propose to immigrate to america.

So, there’s an overlay between what kind of visa or inexperienced card you need, and whether or not you might have non-immigrant or immigrant intent:

Sophie’s matrix of intention

Notes:

1. Immigrant intent is the purpose of a inexperienced card, and you have to have the intention to completely immigrate to the U.S. if you’d like one.
2. You’ve obtained to really wish to reside within the U.S. to qualify for and keep everlasting residence.
3. Many visas resembling B for guests, F-1 for college students and J-1 for alternate guests clearly require non-immigrant intent, and proof of immigrant intent is trigger for denial.
4. Sure visas resembling H-1B and L-1 are dual-intent, and your intention to remain short- or long-term is irrelevant to the adjudication.
5. Most non-immigrant visas had been initially designed for individuals with nonimmigrant intent.

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand new window)

So for individuals with immigrant intent, the regulation supplies for inexperienced playing cards. The entire level of acquiring everlasting residence is to allow sure individuals to realize their intention of staying completely within the U.S. They will reside and work within the U.S., journey overseas with few restrictions, and even apply to turn out to be U.S. residents after fulfilling sure necessities.

Nevertheless, individuals in search of single-intent visas or entry primarily based on these visas that solely allow non-immigrant intent, resembling B within the state of affairs you describe, should reveal to immigration officers that their keep in the usis solely short-term they usually intend to ultimately return to reside of their house nation.

Usually, it may be difficult to shift from a non-immigrant visa to an immigrant visa, often known as a inexperienced card. The overall function of this immigration coverage is so that individuals don’t abuse the system by acquiring non-immigrant visas after which overstaying with out authorization.

However there’s an exception: It’s OK for individuals on dual-intent visas (that are usually non-immigrant work visas) to use for inexperienced playing cards.

A number of visas in your passport