H4 visa appointment scheduling

[coolusa]

Anybody recently did H4 (or H1) visa stamping from Canada? I heard like they are allowing Canada PR holders only now (i will be PR holder soon).
1. For Canada PR holders , Emergency appointment is required for H1/H4 visa stamping?
2. H4 extension is pending. For H4,current i94 in i797 is Expiring in Sep 2021. We must get H4 visa stamped from Canada before current I94 expiry?
Or can I be able to schedule after current i94 expiry ? (Since extension is ongoing, days after i94 in US wont count as overstay, but confused like stamping in canada/Mexico is allowed only if the person not out of status)

 

[harirajmohan]

Anybody recently did H4 (or H1) visa stamping from Canada? I heard like they are allowing Canada PR holders only now (i will be PR holder soon).
1. For Canada PR holders , Emergency appointment is required for H1/H4 visa stamping?
2. H4 extension is pending. For H4,current i94 in i797 is Expiring in Sep 2021. We must get H4 visa stamped from Canada before current I94 expiry?
Or can I be able to schedule after current i94 expiry ? (Since extension is ongoing, days after i94 in US wont count as overstay, but confused like stamping in canada/Mexico is allowed only if the person not out of status)

Multiple posts are there on availability of visa appointment. Not sure if you have read it.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/h1b-visa-appointment-availability.621766/page-36

1. There is no specific privilege for Canadian PR holders for visa appointment. Earlier 2 years ago they used to block most appointment for residents to Canada but they changed from 2019 i guess. So no preference if you are resident or coming from US. For early appointment, you need emergency appointment.
If there is any news on preferences then you can see it here or try to book the appointment and you will get to know https://ais.usvisa-info.com/en-ca/niv/information/announcements
2. If extension is pending then you would have 240 days from the expiry date hence not sure why you must get stamping in 2 months. Did you contact your company lawyer/immigration team on how long H4 can stay? They are for that. You should have contacting them, not the forum when it comes to status expiry. Read page 3:https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf

Its not possible to get stamping in 2 months as people say they see the appointment date in 2022 in that thread.

 

[coolusa]

Multiple posts are there on availability of visa appointment. Not sure if you have read it.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/h1b-visa-appointment-availability.621766/page-36

1. There is no specific privilege for Canadian PR holders for visa appointment. Earlier 2 years ago they used to block most appointment for residents to Canada but they changed from 2019 i guess. So no preference if you are resident or coming from US. For early appointment, you need emergency appointment.
If there is any news on preferences then you can see it here or try to book the appointment and you will get to know https://ais.usvisa-info.com/en-ca/niv/information/announcements
2. If extension is pending then you would have 240 days from the expiry date hence not sure why you must get stamping in 2 months. Did you contact your company lawyer/immigration team on how long H4 can stay? They are for that. You should have contacting them, not the forum when it comes to status expiry. Read page 3:https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf

Its not possible to get stamping in 2 months as people say they see the appointment date in 2022 in that thread.

Thanks @harirajmohan ...Thank you

1. "There is no specific privilege for Canadian PR holders for visa appointment": Yes, due to Covid ,US consulate in Canada allowing visa appointments

Multiple posts are there on availability of visa appointment. Not sure if you have read it.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/h1b-visa-appointment-availability.621766/page-36

1. There is no specific privilege for Canadian PR holders for visa appointment. Earlier 2 years ago they used to block most appointment for residents to Canada but they changed from 2019 i guess. So no preference if you are resident or coming from US. For early appointment, you need emergency appointment.
If there is any news on preferences then you can see it here or try to book the appointment and you will get to know https://ais.usvisa-info.com/en-ca/niv/information/announcements
2. If extension is pending then you would have 240 days from the expiry date hence not sure why you must get stamping in 2 months. Did you contact your company lawyer/immigration team on how long H4 can stay? They are for that. You should have contacting them, not the forum when it comes to status expiry. Read page 3:https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf

Its not possible to get stamping in 2 months as people say they see the appointment date in 2022 in that thread.

Thank you @harirajmohan
Its not privilege for Canada PR applicants. Emergency visa appointments are given to PR people recently, due to Covid restriction. Like, a person not able to go to Canada for us visa stamping using visitor visa, their EA will be rejected.

My case is, I got copr valid till December. H4 is pending, EAD is pending (H4 person is primary applicant for PR). Current i94 (in i797) is valid until September. If i use AVR, h4 application will be abandoned which will affect EAD (another 1 yr to wait). So planning to go for h4 visa interview along with softlanding, so that as soon as I get new h4 stamp, update that to current EAD application to save EAD application. But us visa stamping in canada is allowed to people who are not stayed beyond their i94 (i know, in usa if I apply extension b4 i94 expiry, I won't be out of status untill extension gets approved). But the thing is if I get go for stamping to canada after current i94 expiry, I am not sure they will consider that I have overstayed or not. Thats why I am thinking to go b4 expiry.

 

[harirajmohan]

Thanks @harirajmohan ...Thank you

1. "There is no specific privilege for Canadian PR holders for visa appointment": Yes, due to Covid ,US consulate in Canada allowing visa appointments

Thank you @harirajmohan
Its not privilege for Canada PR applicants. Emergency visa appointments are given to PR people recently, due to Covid restriction. Like, a person not able to go to Canada for us visa stamping using visitor visa, their EA will be rejected.

My case is, I got copr valid till December. H4 is pending, EAD is pending (H4 person is primary applicant for PR). Current i94 (in i797) is valid until September. If i use AVR, h4 application will be abandoned which will affect EAD (another 1 yr to wait). So planning to go for h4 visa interview along with softlanding, so that as soon as I get new h4 stamp, update that to current EAD application to save EAD application. But us visa stamping in canada is allowed to people who are not stayed beyond their i94 (i know, in usa if I apply extension b4 i94 expiry, I won't be out of status untill extension gets approved). But the thing is if I get go for stamping to canada after current i94 expiry, I am not sure they will consider that I have overstayed or not. Thats why I am thinking to go b4 expiry.

Red color text: I didnt understand fully. We have covid restriction from Mar2020 which didnt go away yet.
Are you saying that EA(i assume emergency appointment) gets rejected because a person tried to go to US stamping in Canada while he is not resident/PR? Yes for sure its not emergency because he/she is traveling from US which means that they can be able to stay in US without any issue hence its totally correct to reject. But just because they approve emergency appointment for residents doesnt mean that PR is the only criteria. It will be the same case for anyone traveling from US to get visa via emergency appointment irrelevant of whether that person is PR or not(, since any person traveling from US to Canada just for stamping doesnt really require a stamping because they are/were already in US).

I haven't heard that PR holders get emergency appointment. Anyone you know told that the reason was just being a PR to get emergency appointment?
I am trying to see how sure are you. But you are free to try. As you are not yet PR, you need to first plan to land to try emergency appointment.
Based on forum posts, it seems that 50% get approved for emergency appointment, of course its case by case.

Seems you are trying to do multiple things(Landing, emergency appointment, collecting stamped passport, Continuous EAD validity) together and that too within 2 months time. So try it carefully, if required have plan B as not all are under your control(except landing date).

Below needs enough time to account for:
Emergency appointment takes some time to get approved - 2 days to 2 weeks.
Passport gets returned after stamping after few days to a week or two weeks+.

 

[swan0206]

Hi @harirajmohan : This is not OFF topic- not related to appointments schedule.

Can you please suggest or any idea on this?

Received this message on USCIS online account for H4 application. "Notice Was Returned To USCIS Because The Post Office Could Not Deliver It( on Oct 28th)." Have applied for H4 extension online in Aug 2020, while we were inside US but have moved to Canada in Dec 2020 and it got approved on July 21st 2021.
Do we have to do anything about this?? Should we change the address and give relatives/friends address and request USCIS to re-send the document? First of all i am surprised that the H4 extension got approved while H4 is not in the country.

 

[harirajmohan]

Hi @harirajmohan : This is not OFF topic- not related to appointments schedule.

Can you please suggest or any idea on this?

Received this message on USCIS online account for H4 application. "Notice Was Returned To USCIS Because The Post Office Could Not Deliver It( on Oct 28th)." Have applied for H4 extension online in Aug 2020, while we were inside US but have moved to Canada in Dec 2020 and it got approved on July 21st 2021.
Do we have to do anything about this?? Should we change the address and give relatives/friends address and request USCIS to re-send the document? First of all i am surprised that the H4 extension got approved while H4 is not in the country.

You dont need to do anything on it. we dont need the document hence you should be fine to ignore it as they are not seeking anything from you as its just a mail(approval notice) could not be delivered.

Looks like not all officers look for current status before approving H4.
They were prompt to check our reissued I94 when we reentered using avr in 2016 for which they sent me query and later they denied the h4 correctly but surprised to see that they havent check the status before approving.

 

[swan0206]

You dont need to do anything on it. we dont need the document hence you should be fine to ignore it as they are not seeking anything from you as its just a mail(approval notice) could not be delivered.

Looks like not all officers look for current status before approving H4.
They were prompt to check our reissued I94 when we reentered using avr in 2016 for which they sent me query and later they denied the h4 correctly but surprised to see that they havent check the status before approving.

Thanks for prompt response.
Yeah, may be because H4 travelled via road to Canada and never entered US again, the status isn't updated on their end ? Wanted to check with you on this as H4 is no more using H4 to enter as we are living here now and applied for B1/B2. Would they question on this in the interview?

 

[harirajmohan]

Thanks for prompt response.
Yeah, may be because H4 travelled via road to Canada and never entered US again, the status isn't updated on their end ? Wanted to check with you on this as H4 is no more using H4 to enter as we are living here now and applied for B1/B2. Would they question on this in the interview?

No, should not be a concern at all. They can clearly see when you exited even if they have doubts.
So it should not be a problem for B.

 

[swan0206]

No, should not be a concern at all. They can clearly see when you exited even if they have doubts.
So it should not be a problem for B.

Thanks Hari.