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Mr.

B-1 Visa Eligibility as a Canadian PR

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Hello Experts,

Is a Canadian PR eligible for B-1 visa? I'm little unclear with the information on this page.

https://help.cbp.gov/app/answers/detail/a_id/1192/~/canadian--citizens%2Fresidents%2Flanded-immigrants-entering-the-u.s.

Past history: F-1, H-1B with an approved I-140 from US. 

Also, never worked in Canada earlier since I got my PR recently. The company I was working in US wanted me to meet the Business people once in a month and as part of it, I have to travel to US. Just trying to figure out what my options would be.

Your valuable suggestions would be helpful.

Thanks!

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If you are not a Canadian citizen you need a visa (or, if you are a citizen of a country under the visa waiver program, mostly European and Australia, you can use the visa waiver program.)

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13 hours ago, JoeF said:

If you are not a Canadian citizen you need a visa (or, if you are a citizen of a country under the visa waiver program, mostly European and Australia, you can use the visa waiver program.)

Thanks @JoeF. My question was more specific about the B-1 visa.

  1. Am I eligible for B-1 provided I have an approved I-140?
  2. If I am eligible, are the hours/days I am here in US on B-1 not billable? 

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On 7/12/2019 at 12:18 PM, Mr. said:

Thanks @JoeF. My question was more specific about the B-1 visa.

  1. Am I eligible for B-1 provided I have an approved I-140?
  2. If I am eligible, are the hours/days I am here in US on B-1 not billable? 

You asked "Is a Canadian PR eligible for B-1 visa? " That's what I answered.

A visitor visa does not allow immigration intent. You have shown immigration intent with the I-140. So, it is unlikely you would get a B1 visa. And a visitor can not get paid by a US company.

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On 7/15/2019 at 12:55 PM, JoeF said:

You asked "Is a Canadian PR eligible for B-1 visa? " That's what I answered.

A visitor visa does not allow immigration intent. You have shown immigration intent with the I-140. So, it is unlikely you would get a B1 visa. And a visitor can not get paid by a US company.

Thanks @JoeF. Does that mean, once I leave the country, I wouldn't be able to come back to US? Or, if I cross the border either to Mexico or Canada or any of the British Virgin Islands, would I not be able to come back to US? CBP website doesn't show my I-94 but my I-797 says that my I-94 is valid until end of this year. So, wondering if I leave to Mexico or Canada or any of the British Virgin Islands and come back to US within 30 days with the existing I-797 without going for a US Consulate for Visa. I appreciate if you could please shed some light on this.

Edited by Mr.

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If you are currently in the US, what is your status? You earlier implied that you are outside the US: "I have to travel to US."

AVR is for people in certain statuses, and doesn't apply to the British Virgin Islands (unless you are in F1 status, I believe.)

If you are in H1 status, you can use AVR within 30 days from Mexico and Canada, but you would return in H1 status. The I-94 is invalid if you want to enter in a different status.

So, nothing of this has any meaning with a B1. It is rather unclear what any of this has to do with your situation.

Edited by JoeF

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On 7/17/2019 at 9:06 PM, JoeF said:

If you are currently in the US, what is your status? You earlier implied that you are outside the US: "I have to travel to US."

AVR is for people in certain statuses, and doesn't apply to the British Virgin Islands (unless you are in F1 status, I believe.)

If you are in H1 status, you can use AVR within 30 days from Mexico and Canada, but you would return in H1 status. The I-94 is invalid if you want to enter in a different status.

So, nothing of this has any meaning with a B1. It is rather unclear what any of this has to do with your situation.

I apologize @JoeF if I didn't make it clear earlier. My company is not going to renew my H-1B and wanted me to work from Canada. So, I will be moving to Canada as I am a PR there. Since, I will have to visit the Stakeholders of the company in US once a month, I intend to use B-1 visa as this is supposed to be a short Business trip. Would that be a legitimate way of doing it? Or, does it raise any flags? Thanks for all your insights on this.

 

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You can't use a B1 to work for a US company.

Also,with an approved I-140 it is unlikely you would get a visitor visa, which doesn't allow immigration intent.

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