Visitor visa while work permit from USA is pending

[RohiniRashmi]

We are Indian citizens in USA on H1B and H4. The company is transferring my husband from USA to Canada and the CWP under GSS is currently being processed. We completed biometrics on 15th August. We may not receive our work permit and stamping by the time our USA visa expires, so can we apply for visitor visa to Canada in the mean while so that we can travel to Canada before our USA visa expires and then do the stamping from Canada for work permit? Is it even possible to apply for visitor visa while CWP for husband and SOWP for me and study permits for kids are pending? Please let me know. Thanks

 

[scylla]

We are Indian citizens in USA on H1B and H4. The company is transferring my husband from USA to Canada and the CWP under GSS is currently being processed. We completed biometrics on 15th August. We may not receive our work permit and stamping by the time our USA visa expires, so can we apply for visitor visa to Canada in the mean while so that we can travel to Canada before our USA visa expires and then do the stamping from Canada for work permit? Is it even possible to apply for visitor visa while CWP for husband and SOWP for me and study permits for kids are pending? Please let me know. Thanks

Technically you can try to do this but you should be aware of a few things:

- The processing of the TRVs may take several months and not be done in time.
- If you enter as visitors, you can't bring in all of your personal belongings. A couple of suitcases each are fine. But anything beyond that will be a problem. You won't be able to bring in all of your personal belongings until the work permits are approved which means leaving them in the US and returning to pick them up later (or have someone ship them for you).
- It's possible you could have issues at the border with CBSA since you'd be entering as tourists but clearly intending to stay long term, especially if your US visas have expired or are close to expiry. There's no way to predict this. You may have zero issues or you may have big issues.
- As visitors, you won't have any health care coverage and your kids won't be allowed to attend school.
- You need to consider what you would do if the work permit isn't approved for some reason.

How much time do you have left on your US visas?

 

[RohiniRashmi]

Thanks for your detailed response. Technically is it even possible to apply for TRV while work permit is in progress?

 

[scylla]

Thanks for your detailed response. Technically is it even possible to apply for TRV while work permit is in progress?

I think it's possible but I would recommend you verify with your company's lawyers before you apply.

 

[RohiniRashmi]

Yes will do that. Thank you!