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Spouse of H1 commuter crossing into US as a H4

ustocanada49

Star Member
Jan 6, 2017
156
17
hi,

Planning to settle down at the border on Canadian side but there is no proper community there. Its just a boring place where seniors retire.

Thought we can just cross into US on weekends and for shopping etc and consider that as our main community. The US side relatively good.

Will the CBP allow H4 to cross into US on weekends or may be once or twice a week for personal reasons like shopping, visiting friends etc? (Will also have a US citizen child accompanying)

A good community is too far from the border inside Canada and will add an extra hour or so- one way on my commute. Hence trying to avoid going there.
 

Copingwithlife

VIP Member
Jul 29, 2018
3,864
1,866
Earth
You’re settling in Niagara Falls Ontario, and you consider over the border like Buffalo , Niagara Falls NY, as relatively good ? Compared to what ? The projects in Chicago ? Guess Walden Galleria would be your spot to shop, or maybe The outlets in Niagara Falls NY.Your kind of community? Must be the casino on the NY side .You do realize eight million people live in the Golden Horseshoe, right ?
Good lord
 
Last edited:

harirajmohan

VIP Member
Mar 3, 2015
6,149
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Category........
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Pre-Assessed..
App. Filed.......
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hi,

Planning to settle down at the border on Canadian side but there is no proper community there. Its just a boring place where seniors retire.

Thought we can just cross into US on weekends and for shopping etc and consider that as our main community. The US side relatively good.

Will the CBP allow H4 to cross into US on weekends or may be once or twice a week for personal reasons like shopping, visiting friends etc? (Will also have a US citizen child accompanying)

A good community is too far from the border inside Canada and will add an extra hour or so- one way on my commute. Hence trying to avoid going there.
If you dont like then you should not even move away from US.
Reason: You wont be living here fully and cant complete the residency with pressure(and with pandemic like this (or citizenship application delay even during normal times) will even make 5+ years to get your citizenship before moving back to US).
Also its not just easy/practical/convenient to travel every week once or twice , even if you stay in border city - We think that we could but later it fizzles out.
Not only that heavy driving gives some back ache which creates additional problem.
So most probably you wont meet them often is the end result mostly. So decide based on that.

We never tested by travelling more than 2-3 weeks continuously. We saw mixed results of H4 being denied and allowed while H visa holders are non-resident of US. So its definitely a risk of getting denied.
 

ustocanada49

Star Member
Jan 6, 2017
156
17
If you dont like then you should not even move away from US.
Reason: You wont be living here fully and cant complete the residency with pressure(and with pandemic like this (or citizenship application delay even during normal times) will even make 5+ years to get your citizenship before moving back to US).
Also its not just easy/practical/convenient to travel every week once or twice , even if you stay in border city - We think that we could but later it fizzles out.
Not only that heavy driving gives some back ache which creates additional problem.
So most probably you wont meet them often is the end result mostly. So decide based on that.

We never tested by travelling more than 2-3 weeks continuously. We saw mixed results of H4 being denied and allowed while H visa holders are non-resident of US. So its definitely a risk of getting denied.
Thanks @harirajmohan . Thought of making use of the pandemic and any changes in office work structure. My company doesn't seem to be ready to open anytime soon. So, at least for the next few month, I wont even have to go to the office.

If it does become too difficult and my employer is not willing to let me work from Canada after the pandemic is over, then we have not other choice but to find an employer in Canada. Better to give importance to status than job.

What do you mean by this ? 'We never tested by travelling more than 2-3 weeks continuously '
 

ustocanada49

Star Member
Jan 6, 2017
156
17
Once you move out of the US, H4 is invalid. It's a dependent visa and you need to get a B1/B2 which is pretty easy to get
@ybx1250
So, the consulate has to cancel spouse's H4 and give B1/B2 instead. right? Is that easy? I believe we have to prove ties to Canada (as a new PR arrival living in a rental house, not sure what we need to show)
 

harirajmohan

VIP Member
Mar 3, 2015
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Nomination.....
SK 22-Apr-2015
AOR Received.
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Med's Request
23-Dec-2015
Med's Done....
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Passport Req..
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Thanks @harirajmohan . Thought of making use of the pandemic and any changes in office work structure. My company doesn't seem to be ready to open anytime soon. So, at least for the next few month, I wont even have to go to the office.

If it does become too difficult and my employer is not willing to let me work from Canada after the pandemic is over, then we have not other choice but to find an employer in Canada. Better to give importance to status than job.

What do you mean by this ? 'We never tested by travelling more than 2-3 weeks continuously '
I agree that you can better make use of the time and add residency days in Canada since we all are working from home anyway.

Not tested i meant that i never travelled more than once or twice in a week for continuous 3-4 weeks. Rarely we went 2 days in a week but not for continuously every week or 2-3 months like that. So i dont what questions will be asked and scrutinized if one travels every weekend for shopping.
@ybx1250
So, the consulate has to cancel spouse's H4 and give B1/B2 instead. right? Is that easy? I believe we have to prove ties to Canada (as a new PR arrival living in a rental house, not sure what we need to show)
You are PR and commuting to work and family stays in Canada. Thats enough. They dont ask anything special ties. They know that you are not desparate like many others(because you even moved out of US and living in Canada itself proves that you wont become liability/burden/illegal to US). So its not a problem to get B1.

But main problem i see is that you cant even apply for B1 till consulate opens and H4 is risky hence you will have to choose to wait here without traveling during weekends till consulate opens and visa issued (which might take months as we dont know when consulate will open and when visa appointment will be available).
 

ustocanada49

Star Member
Jan 6, 2017
156
17
I agree that you can better make use of the time and add residency days in Canada since we all are working from home anyway.

Not tested i meant that i never travelled more than once or twice in a week for continuous 3-4 weeks. Rarely we went 2 days in a week but not for continuously every week or 2-3 months like that. So i dont what questions will be asked and scrutinized if one travels every weekend for shopping.

You are PR and commuting to work and family stays in Canada. Thats enough. They dont ask anything special ties. They know that you are not desparate like many others(because you even moved out of US and living in Canada itself proves that you wont become liability/burden/illegal to US). So its not a problem to get B1.

But main problem i see is that you cant even apply for B1 till consulate opens and H4 is risky hence you will have to choose to wait here without traveling during weekends till consulate opens and visa issued (which might take months as we dont know when consulate will open and when visa appointment will be available).
I am thinking its better to let H4 spouse stay in US and H1 holder commute until pandemic is over and consulates open. See any issue with this?
 

canuck78

VIP Member
Jun 18, 2017
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I am thinking its better to let H4 spouse stay in US and H1 holder commute until pandemic is over and consulates open. See any issue with this?
If your office is closed there is no need to commute daily. If CBP asks you whether your job is essential and where you are working your office is closed. As covid gets crazier in the US I assume the border is going to get tighter. You are also risking inporting covid daily while not even going to an essential office.
 

harirajmohan

VIP Member
Mar 3, 2015
6,149
1,660
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
I am thinking its better to let H4 spouse stay in US and H1 holder commute until pandemic is over and consulates open. See any issue with this?
Technically possible but dont know how long it would work. Its complex question as you still maintaining H1 status(which is needed for H4 status to be current) but moving residence to other country. So no idea how this scenario works out.
Per my understanding, H4 is given on the basis of accompanying the principal applicant while residing in the US. So if one doesnt reside then there is logic for H4 in the US without accompanying principal applicant.
https://www.avvo.com/legal-answers/can-spouse-and-kid-on-h4-stay-in-the-us--while-h1--3397386.html
https://www.avvo.com/legal-answers/can-the-h4-ead-holder-continue-to-work-when-the-h1-2589859.html
Not all cbp officers ask on whether you moved with your family members but you should have very good logical reason such as working/studying if asked so that your H1 status doesnt become a problem.