Here is another version “Dear Sophie,” an advice column that answers immigration-related questions about working at tech companies.
“Your questions are critical to spreading the knowledge that allows people around the world to rise above borders and pursue their dreams,” said Silicon Valley immigration attorney Sophie Alcorn. Whether you’re in People Ops, a founder, or looking for a job in Silicon Valley, I’d love to answer your questions in the next column.
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Dear Sophie,
I am in Toronto, Canada, and I have been approved for H-1B, which was recently stamped in my passport. I am planning to go to America next year. Can I visit the US this November with an expired B-1/B-2 visa? Will it raise any red flags if I visit as a visitor with an approved/published H-1B visa?
– Talent in Toronto
dear talent,
Congratulations on your H-1B authorization and stamp! Before I dive into your questions, let’s cover some basics on visa types.
Types of visas
Immigration law has two types of visas:
- Non-immigrant visas – sometimes called work visas or visas;
- Immigrant Visas – Also known as Green Cards or Permanent Residency.
But it’s a little trickier, because another factor in whether someone gets a visa and entry is their willpower. Government officials are evaluating whether they think 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 immigrant or immigrant intent:
Sophie’s matrix of needs
| Green card | Visa | |
| The purpose of immigration | required1 | Reason for denial3 or acceptable4 |
| Non-immigrant intent | Reason for denial2 | Acceptable5 |
Notes:
- Immigrant intent is a green card score, and you must have the intent to immigrate to the US permanently if you wish.
- You really have to look for it to live To qualify for and maintain permanent residency in the US.
- Many visas, such as B for visitors, F-1 for students, and J-1 for dialogue visitors, clearly require non-immigrant intent, and evidence of immigrant intent is grounds for denial.
- Certain visas, such as the H-1B and L-1, are dual purpose, and your intent to stay short or long has nothing to do with the decision.
- Most nonimmigrant visas were originally designed for nonimmigrants.
Image Credits: Joanna Buniak / Sophie Alcorn (Opens in a new window)
Therefore, the law provides for green cards for those with immigration needs. General point of acquisition Constant Residency allows certain people to achieve their goal of permanent residence in the U.S. They can live and work in the U.S., travel abroad with fewer restrictions, and apply to become a U.S. citizen after meeting certain requirements.
However, people seeking single purpose visas or based on these visas can enter. Non-immigrants In the case you describe, they have to show the immigration authorities that they are only in the US for purpose like B Temporary And finally they intend to go back to their country.
Generally, changing from a nonimmigrant visa to an immigrant visa, also known as a green card, can be challenging. The overall goal of this immigration policy is to prevent people from abusing the system by obtaining nonimmigrant visas and staying without permission.
But there is something special: it doesn’t matter to the people above A double thought Visas to apply for green cards (generally non-immigrant work visas).
