H4 visa first time for spouse

[Krish768]

Hi all,

Trying to get some details on h4 visa application for my spouse who us a Canadian PR holder. This is the first time she will be applying for h4, she has a recently stamped b1/b2 visa.

The https://ais.usvisa-info.com/ is asking got petition number which i am assuming is my (princeipal applicat) latest i797 petition, correct?

Also since she is a PR and applying from canada, it looks like she is qualifying for dropbox. Is that normal for a first time stamping as well?

Finally, how long should it take to get the visa stamped?

 

[harirajmohan]

Hi all,

Trying to get some details on h4 visa application for my spouse who us a Canadian PR holder. This is the first time she will be applying for h4, she has a recently stamped b1/b2 visa.

The https://ais.usvisa-info.com/ is asking got petition number which i am assuming is my (princeipal applicat) latest i797 petition, correct?

Also since she is a PR and applying from canada, it looks like she is qualifying for dropbox. Is that normal for a first time stamping as well?

Finally, how long should it take to get the visa stamped?

Yes your H1 approved petition number.
If the website says she is waived interview then just go with that. No one knows the exact rules which each country consulates have crafted into their sites based on broader rules. Dont think too much on why first time h4 is allowed for dropbox.
Refer other threads on the processing times. it would be similar to H1 stamping.

 

[Krish768]

Thank you. I think choosing "yes" for this question is what sends it for dropbox. Will look for processing times, hopefully its not more than 2-3 months

• Applicant is a national or permanent resident of the country in which the applicant is applying, and
• Applicant has been previously issued a U.S. visa (any class of visa), and
• Applicant submitted ten fingerprints when the previous U.S. visa was issued, and
• Applicant answered 'NO' to all of the Medical and Health, Criminal, Security or Immigration Law Violation questions on the DS-160 visa application form

 

[swan0206]

Hi all,

Trying to get some details on h4 visa application for my spouse who us a Canadian PR holder. This is the first time she will be applying for h4, she has a recently stamped b1/b2 visa.

The https://ais.usvisa-info.com/ is asking got petition number which i am assuming is my (princeipal applicat) latest i797 petition, correct?

Also since she is a PR and applying from canada, it looks like she is qualifying for dropbox. Is that normal for a first time stamping as well?

Finally, how long should it take to get the visa stamped?

Is your plan to move back to US ? If yes then fine. If not you would be questioned on why would you need a H4 first of all while already having B1/B2. If not at the embassy, at the border you would be asked if you are going to travel frequently. Please keep this in mind.

 

[Krish768]

Is your plan to move back to US ? If yes then fine. If not you would be questioned on why would you need a H4 first of all while already having B1/B2. If not at the embassy, at the border you would be asked if you are going to travel frequently. Please keep this in mind.

Yes. She will move to US with me.so no frequent travel .I hope thats fine? She is going to show her h4 visa at POE (AND not the b1/b2). We are planning to apply her EAD as well before she moves to US. But if there is a huge wait, She is not going to work right away and will apply EAD after certain time while stating in US.

 

[swan0206]

Yes. She will move to US with me.so no frequent travel .I hope thats fine?

Yeah thats perfect.

She is going to show her h4 visa at POE (AND not the b1/b2). We are planning to apply her EAD as well before she moves to US.

I am sure you cannot apply H4 EAD being outside US. You have to be inside the country.
What do you mean by huge wait? for H4EADs approvals? Currently its anywhere between 4-10months depending on which processing center your application goes to.

 

[Krish768]

Yeah thats perfect.


I am sure you cannot apply H4 EAD being outside US. You have to be inside the country.
What do you mean by huge wait? for H4EADs approvals? Currently its anywhere between 4-10months depending on which processing center your application goes to.

Understood on the h4 travel. So we seem to be good there. Idk what the processing times are for interview waiver doc. Submission but will see how it goes.

For EAD (even though its for later), can she come to US on h4 and apply EAD and go back to canada until her EAD comes through and secures a job in the US? She currently works in Canada and would prefer if she continues her job in Canada while waiting 4-10 months for EAD to come through.

 

[swan0206]

For EAD (even though its for later), can she come to US on h4 and apply EAD and go back to canada until her EAD comes through and secures a job in the US? She currently works in Canada and would prefer if she continues her job in Canada while waiting 4-10 months for EAD to come through.

I believe that should work as you will have H4 already. Stay in US till the EAD packet reaches USCIS and then go back to Canada.(this works for H1 generally, may be you can check with attorney on this). However, theres always a chance that you may get a query to submit updated i94/travel history or else if you travel back to US before EAD getting approved, it gets voided automatically.

https://www.am22tech.com/travel-outside-usa-while-ead-is-pending/

 

[Krish768]

Got it. So apply h4 using Dropbox as that is the option we are getting. Hopefully I can select centre where I can send the document, based on processing times. Then come to US and apply EAD. Check with attorney if she can travel to Canada post that.

 

[mano0323]

Hi, I am in the same situation as you. My fiance is a Canadian permanent resident and I am looking for details to go through the same process as you to apply for H4 and then H4 EAD. She currently has a job in Canada. Hopefully all your processing is complete by now. Can you please help in guiding with the steps you did? Thank you.

 

[Krishna008]

Hi, I am in the same situation as you. My fiance is a Canadian permanent resident and I am looking for details to go through the same process as you to apply for H4 and then H4 EAD. She currently has a job in Canada. Hopefully all your processing is complete by now. Can you please help in guiding with the steps you did? Thank you.

Hii...I am in the same boat. I am a Canadian PR and living in Canada currently. I have to apply for extension of H4 and EAD. My wife is in US, she has to file for extension of H1 as well. Can we do all three together at the same time?
Please respond what you did, it will be really helpful.

Thank you in advance.

 

[SUCHAM]

HI, I M ALSO IN THE SAME SITUATION, CAN WE APPLY FOR H4 VISA FROM CANADA (FIRST TIME) OR SHOULD WE GO BACK TO THE COUNTRY OF ORIGIN ? CAN YOU GUYS PLEASE SHARE YOUR EXPERIENCES ?

 

[Krishna008]

HI, I M ALSO IN THE SAME SITUATION, CAN WE APPLY FOR H4 VISA FROM CANADA (FIRST TIME) OR SHOULD WE GO BACK TO THE COUNTRY OF ORIGIN ? CAN YOU GUYS PLEASE SHARE YOUR EXPERIENCES ?

You can apply H4 from Canada itself. You do not have to go to home country. That's what I did in 2019.

 

[nayanika2304]

Hello, I am a Canadian Permanent Resident, My fiance is in the US on H1-B and his GC application is in process. We are getting married in November this year, Am I allowed to apply for H4 from Canada, without going to India (my country of origin) and get my H4 stamped in Canada?

 

[swan0206]

Hello, I am a Canadian Permanent Resident, My fiance is in the US on H1-B and his GC application is in process. We are getting married in November this year, Am I allowed to apply for H4 from Canada, without going to India (my country of origin) and get my H4 stamped in Canada?

Yes, you can do that. No issues.