+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

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

simpsonjos

Star Member
Feb 12, 2010
107
11
Toronto
Visa Office......
New Delhi
NOC Code......
0213
App. Filed.......
10-Mar-2010
Doc's Request.
3-May-2010
AOR Received.
31-Aug-2010
File Transfer...
11-May-2010
Med's Request
9-May-2013
LANDED..........
29-May-2014
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

Hero Member
Jul 30, 2014
312
25
USA
Job Offer........
Pre-Assessed..
simpsonjos said:
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

VIP Member
Nov 27, 2016
3,111
175
London
Category........
NOC Code......
0631
Job Offer........
Pre-Assessed..
App. Filed.......
29-03-2017
Doc's Request.
Schedule A - upfront
AOR Received.
29-03-2017
IELTS Request
Upfront
File Transfer...
Waiting
Med's Request
Upfront
Med's Done....
28-03-2017
Passport Req..
Waiting
VISA ISSUED...
Waiting
LANDED..........
Waiting
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

Champion Member
Mar 3, 2015
2,814
204
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
simpsonjos said:
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

Champion Member
Nov 21, 2014
2,947
1,054
Category........
Visa Office......
Sydney/Ottawa
NOC Code......
2172
Job Offer........
Pre-Assessed..
App. Filed.......
12-10-2016
AOR Received.
27-01-2017
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.
 
  • Like
Reactions: pk46

DEEPCUR

Champion Member
Apr 12, 2016
2,349
591
harirajmohan said:
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

Star Member
Feb 12, 2010
107
11
Toronto
Visa Office......
New Delhi
NOC Code......
0213
App. Filed.......
10-Mar-2010
Doc's Request.
3-May-2010
AOR Received.
31-Aug-2010
File Transfer...
11-May-2010
Med's Request
9-May-2013
LANDED..........
29-May-2014
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.

DEEPCUR said:
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

Star Member
Jan 11, 2018
62
24
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

Newbie
Jun 16, 2020
2
0
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

VIP Member
Jun 30, 2005
24,551
1,547
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

Newbie
Jun 16, 2020
2
0
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

VIP Member
Jun 8, 2010
64,673
8,875
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
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.