H4 holders living in Canada wants to visit US

[PlimPlum]

Dear forum users,
can anybody with experience shed light on my question here? Thanks.
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)?
The reason I am asking this question is on my recent visit to the US the CBP officer at Windsor Bridge told me that I needed to obtain a new visitor visa because 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 (which is very strange because it is the status prior to obtaining H4) not as an H4 person.

 

[harirajmohan]

Dear forum users,
can anybody with experience shed light on my question here? Thanks.
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)?
The reason I am asking this question is on my recent visit to the US the CBP officer at Windsor Bridge told me that I needed to obtain a new visitor visa because 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 (which is very strange because it is the status prior to obtaining H4) not as an H4 person.

If he specifically told that he was letting you that time then its possible that he might have placed note on your file. So its 50-50 chance that you will get through again. Why did you move without any plan on travel document/visa?
Also i am not even sure why you are even asking this question even after he specifically told to get B1.
Its better to get B1 rather than taking chance again.

 

[PlimPlum]

If he specifically told that he was letting you that time then its possible that he might have placed note on your file. So its 50-50 chance that you will get through again. Why did you move without any plan on travel document/visa?
Also i am not even sure why you are even asking this question even after he specifically told to get B1.
Its better to get B1 rather than taking chance again.

Thanks for your answer. I thought I could visit the US with my H4 which is still valid. I told the officer that I moved to Canada and was visiting the family for 2 weeks after he asked for purpose of my visit. That's when he advised to get a visitor visa next time. I thought maybe he was mistaken so I am checking if I really need a visitor visa or if I still can use H4 visa. After reading other threads, I see some people living in Canada have been travelling to US on H1b, so is my question. If I need to get a visitor's visa, then I have to go to US consulate in Toronto or Ottawa. Before I do that I just wanted to make sure I understand if I really need a visitor visa and can't use H4.
I also come across another thread where someone in a similar situation was talking about plans to visit the US with H4, but he/she doesn't seem to be active on the forum.

 

[harirajmohan]

Thanks for your answer. I thought I could visit the US with my H4 which is still valid. I told the officer that I moved to Canada and was visiting the family for 2 weeks after he asked for purpose of my visit. That's when he advised to get a visitor visa next time. I thought maybe he was mistaken so I am checking if I really need a visitor visa or if I still can use H4 visa. After reading other threads, I see some people living in Canada have been travelling to US on H1b, so is my question. If I need to get a visitor's visa, then I have to go to US consulate in Toronto or Ottawa. Before I do that I just wanted to make sure I understand if I really need a visitor visa and can't use H4.
I also come across another thread where someone in a similar situation was talking about plans to visit the US with H4, but he/she doesn't seem to be active on the forum.

For some still they are using H4 but some others were told to get B2. Per my understanding of the rule and per my lawyer's advice, we should not use H4 after moving - this is what i know.
Even if someone/me in this forum tell that you can use H4, you are the one going to get into trouble if denied.
Using B2 doesnt get you in trouble.
So assess the risk of future entries and decide.
What does your spouse's company say? Even lawyers are split as per the forum posts i saw.

 

[PlimPlum]

For some still they are using H4 but some others were told to get B2. Per my understanding of the rule and per my lawyer's advice, we should not use H4 after moving - this is what i know.
Even if someone/me in this forum tell that you can use H4, you are the one going to get into trouble if denied.
Using B2 doesnt get you in trouble.
So assess the risk of future entries and decide.
What does your spouse's company say? Even lawyers are split as per the forum posts i saw.

I am going to apply for B1/B2 visa just to be on the safe side. I didn't seek the lawyer's advice because I was certain I could use H4 until the officer told me otherwise. Thanks for your insight.

 

[lampbreaker]

I have seen a lot of posts with officers misinterpreting things, especially at Detroit/Windsor border posts. H4 does not specifically ban short visits. It is the officer's interpretation that a 'short visit' is inconsistent with H4 Visa's purpose. Unfortunately, there is little recourse against such interpretations.

 

[PlimPlum]

I have seen a lot of posts with officers misinterpreting things, especially at Detroit/Windsor border posts. H4 does not specifically ban short visits. It is the officer's interpretation that a 'short visit' is inconsistent with H4 Visa's purpose. Unfortunately, there is little recourse against such interpretations.

That's what was my understanding. A person can say he/she is going to live with the family in the US and decide to leave the US after a short period of time for any number of reasons.