Commuting between Canada and USA on a H4 - Need urgent advice

[simpsonjos]

I am on a H1 and just got my I-140 approved. I am planning to actively look for a job in Toronto from mid of Jan. My wife has a H1 herself. I will be switching to a H4 status and will be commuting from Canada to USA during the weekends. We are planning to move the family only by mid of Apr 2017. is there are problem doing this. (I am about to quit my job in the USA and my H1 visa expired .. although I have the extension done untiil 2019).

Is it legal to commute from Canada to USA on a weekends using a H4 visa ?

Thanks
Simpson

 

[andy6835]

I am on a H1 and just got my I-140 approved. I am planning to actively look for a job in Toronto from mid of Jan. My wife has a H1 herself. I will be switching to a H4 status and will be commuting from Canada to USA during the weekends. We are planning to move the family only by mid of Apr 2017. is there are problem doing this. (I am about to quit my job in the USA and my H1 visa expired .. although I have the extension done untiil 2019).

Is it legal to commute from Canada to USA on a weekends using a H4 visa ?

Thanks
Simpson

As far as you have a valid visa to enter in USA and Canada, it is OK to commute anytime.

 

[xpressentry]

You have to fulfill your residency obligation by being present in Canada if you plan to apply for citizenship. So keep that in mind.

 

[harirajmohan]

I am on a H1 and just got my I-140 approved. I am planning to actively look for a job in Toronto from mid of Jan. My wife has a H1 herself. I will be switching to a H4 status and will be commuting from Canada to USA during the weekends. We are planning to move the family only by mid of Apr 2017. is there are problem doing this. (I am about to quit my job in the USA and my H1 visa expired .. although I have the extension done untiil 2019).

Is it legal to commute from Canada to USA on a weekends using a H4 visa ?

Thanks
Simpson

Similar situation for me except that my spouse wont be working. As per my lawyer, my spouse who stays in Canada (moved from US held H4) cannot qualify for H4 as the person doesnt stay in US. Based on his explanation what i understood is that one can be on H4 if one is residing and staying in US. So it will be difficult to travel frequently on H4 i think hence consult the lawyer. There are lot of questions nowadays on where we stay and what we are going to do in US and if we are in that visa status still, once we moved to Canada or started to stay in Canada hence you should be researching more on it.

 

[APPNOV2014NY]

As per my lawyer, my spouse who stays in Canada cannot qualify for H4 as the person doesnt stay in US. Based on his explanation what i understood is that one can be on H4 if one is residing and staying in US.

This does not make sense. I was on H1 in USA , went to India got married and applied for my wife's H4. My wife appeared for visa interview in India, got visa and then entered USA.

How is your case different from mine. My wife was in India when her H4 was processed.

 

[DEEPCUR]

Similar situation for me except that my spouse wont be working. As per my lawyer, my spouse who stays in Canada (moved from US held H4) cannot qualify for H4 as the person doesnt stay in US. Based on his explanation what i understood is that one can be on H4 if one is residing and staying in US. So it will be difficult to travel frequently on H4 i think hence consult the lawyer. There are lot of questions nowadays on where we stay and what we are going to do in US and if we are in that visa status still, once we moved to Canada or started to stay in Canada hence you should be researching more on it.

You have clearly misunderstood what a status in US means and confused the attorney's explanation.


@OP, it is absolutely okay to do this. Just make sure the H4 visa stamping is valid and up to date.

 

[simpsonjos]

Thanks Deepcur. I completed my H4 visa interview on Thursday and just waiting for the passport. The officer did ask me as to why I was switching from a H1 (with a approved I-140) to a H4 ? I told her frankly that I am looking out for a job in Canada and will eventually move my family once I secure a job. She smiled and told me that if I need to head back to work in the US I should again get a work authorization done. So I feel convinced that there is no hassle commuting between Canada and US on the weekends for a PR with a H4 visa.

You have clearly misunderstood what a status in US means and confused the attorney's explanation.


@OP, it is absolutely okay to do this. Just make sure the H4 visa stamping is valid and up to date.

 

[PlimPlum]

Thanks Deepcur. I completed my H4 visa interview on Thursday and just waiting for the passport. The officer did ask me as to why I was switching from a H1 (with a approved I-140) to a H4 ? I told her frankly that I am looking out for a job in Canada and will eventually move my family once I secure a job. She smiled and told me that if I need to head back to work in the US I should again get a work authorization done. So I feel convinced that there is no hassle commuting between Canada and US on the weekends for a PR with a H4 visa.

Reviving the old thread as I have a similar situation. I have H4 visa and recently moved to Canada as a PR. My family still lives in the US on H1b visa. Do I need to obtain a new visitor visa (B1/B2) to enter the US to visit my family for a short period of time (say, less than a month)? When I visited the US in December for 2 weeks I showed my H4 visa. The CBP officer at Windsor Bridge told me that I needed to obtain a new visitor visa and H4 was meant to live with the H1 family. He said he is going to let me in this time, but told me to get a visitor visa next time. My online I-94 shows that I was let in as an F2 person (status prior to obtaining H4) not as an H4 person. Can anyone with similar experience shed light on this? Do I need to obtain B1/B2 visitor visa to visit the US temporarily?
@simpsonjos, I don't know if you are still active on this forum. If you are can you share your experience on visiting the US on H4?

 

[ruudvishnu10]

Hey Experts. I have an urgent question. I am a Canadian PR holder living in Canada but also have a valid H-4 visa in the US (My wife in the US has an H-1B Visa). So I want to know if I can enter the US without any problems during these times? I know that I will be able to come back into Canada easily but wanted to understand the US side of things. Please advise. Thank you.

Vishnu

 

[PMM]

Hi

Hey Experts. I have an urgent question. I am a Canadian PR holder living in Canada but also have a valid H-4 visa in the US (My wife in the US has an H-1B Visa). So I want to know if I can enter the US without any problems during these times? I know that I will be able to come back into Canada easily but wanted to understand the US side of things. Please advise. Thank you.

Vishnu

1. The US may or may not allow you in, depend if your job is considered essential. You know that when you return to Canada, you have self isolate?

 

[ruudvishnu10]

Hi




1. The US may or may not allow you in, depend if your job is considered essential. You know that when you return to Canada, you have self isolate?

Thank you for your response. So are you saying there's absolutely no chance to go into the US at this point unless I'm an essential worker of some sort? Are there any exceptions to this? I'm definitely not an essential worker for sure. I haven't seen my wife in months now and been wanting to go but not sure if I can. And yes, I do know that I have to quarantine for 14 days once I'm back in Canada.

 

[scylla]

Thank you for your response. So are you saying there's absolutely no chance to go into the US at this point unless I'm an essential worker of some sort? Are there any exceptions to this? I'm definitely not an essential worker for sure. I haven't seen my wife in months now and been wanting to go but not sure if I can. And yes, I do know that I have to quarantine for 14 days once I'm back in Canada.

We're not saying there's no chance. We are saying that you'll be taking a risk by trying it. Up to you if you take that risk.

 

[Nergiz]

Thank you for your response. So are you saying there's absolutely no chance to go into the US at this point unless I'm an essential worker of some sort? Are there any exceptions to this? I'm definitely not an essential worker for sure. I haven't seen my wife in months now and been wanting to go but not sure if I can. And yes, I do know that I have to quarantine for 14 days once I'm back in Canada.

Hey Experts. I have an urgent question. I am a Canadian PR holder living in Canada but also have a valid H-4 visa in the US (My wife in the US has an H-1B Visa). So I want to know if I can enter the US without any problems during these times? I know that I will be able to come back into Canada easily but wanted to understand the US side of things. Please advise. Thank you.

Vishnu

Hello, I am also working in Canada and have a valid H4 visa for US since my husband is currently working in the USA with H1B. I also urgently need to know if I can enter the US without any problems. Did you try to enter the US?
Thanks,