Cross-border - H1 to H4 COS - Visa Stamp in Canada

[haripriya1012]

I am on an H1B which is maxing out in July. Only approved petition and not stamped.
My husband has an H1B which is expiring in Sept 2023. Only approved petition and not stamped.
My son is on H4 (my dependent). Only approved petition and not stamped.

My husband is processing H4 for me and my son under his H1B.

We got approved COPR (all 3 of us) which is expiring by August 2021.

My current employer is transferring me to Canada since I have COPR. Considering the current situation and my husband's job in US, I am hesitant to travel to Canada with my family (esp. Kid).

1. If I travel alone, will there be any issue since my family did not accompany me?

2. Will I be able to get my H4 stamped (Change of Status from H1 to H4 first time) in any of the US Consulate in Canada or do I need to go back to my home country (India) to do that?

3. If my family travels with me to Canada, do we have an option to use the Automatic Revalidation to re-enter USA?

 

[harirajmohan]

I am on an H1B which is maxing out in July. Only approved petition and not stamped.
My husband has an H1B which is expiring in Sept 2023. Only approved petition and not stamped.
My son is on H4 (my dependent). Only approved petition and not stamped.

My husband is processing H4 for me and my son under his H1B.

We got approved COPR (all 3 of us) which is expiring by August 2021.

My current employer is transferring me to Canada since I have COPR. Considering the current situation and my husband's job in US, I am hesitant to travel to Canada with my family (esp. Kid).

1. If I travel alone, will there be any issue since my family did not accompany me?

2. Will I be able to get my H4 stamped (Change of Status from H1 to H4 first time) in any of the US Consulate in Canada or do I need to go back to my home country (India) to do that?

3. If my family travels with me to Canada, do we have an option to use the Automatic Revalidation to re-enter USA?

Canada landing: If landing alone then first person should be primary applicant who lands first if other family members come later.

Reentry to US: You need to have H4 approved if you are seeking H4 status. But if you enter using your current H1 then i am not sure if COS will go through or will have any issues in it.

AVR is for anyone who has valid I94(not just filed the petition and in processing) (before exiting US and can reenter after visiting Canada via same status-I94).

Stamping: I saw posts by members mentioning about long delay. So i dont think that you can get stamping done unless you have scheduled appointment and not cancelling at the last moment(https://www.canadavisa.com/canada-immigration-discussion-board/threads/h1b-stamping-in-canada-appointments.731271/#post-9384795).

 

[haripriya1012]

Canada landing: If landing alone then first person should be primary applicant who lands first if other family members come later.

Reentry to US: You need to have H4 approved if you are seeking H4 status. But if you enter using your current H1 then i am not sure if COS will go through or will have any issues in it.

AVR is for anyone who has valid I94(not just filed the petition and in processing) (before exiting US and can reenter after visiting Canada via same status-I94).

Stamping: I saw posts by members mentioning about long delay. So i dont think that you can get stamping done unless you have scheduled appointment and not cancelling at the last moment(https://www.canadavisa.com/canada-immigration-discussion-board/threads/h1b-stamping-in-canada-appointments.731271/#post-9384795).

Thank you!

Yes, I am the primary applicant and planning to enter Canada alone. Will I be questioned for not bringing the family? Also,do I have to process for them again afresh in case they cannot travel before COPR expiry?

On H4, in case I have H4 approved after I land in Canada but not stamped, will I be allowed at POE to enter into US?

 

[Shackle]

" Also,do I have to process for them again afresh in case they cannot travel before COPR expiry?" I have this exact same question, let me know what you find out, thanks!

 

[haripriya1012]

" Also,do I have to process for them again afresh in case they cannot travel before COPR expiry?" I have this exact same question, let me know what you find out, thanks!

Yes. COPR is for each individual, so if your dependents did not travel with you before its expiry it will be considered expired and we have to start from the scratch for them.

We did the soft landing last weekend and came back the same day to avoid all these.

 

[Shackle]

Makes sense, issue on my end is my spouse is still waiting on her pending H-4 extensin so we cannot use the AVR process.. that's where I am confused right now.