Will my spouse be granted an H-4 visa if we live in Canada and I work in the US on H-1B?

[jish6303]

I will be starting my job in Detroit area, and both my wife and I will be moving to the area. We just did our landing and activated our PR status in Canada.

We are curious about one issue: will my spouse still be eligible for an H-4 visa if we set our primary residence to Windsor, Canada?

Or she needs to apply for and retain a B visa in order to visit someone else in the US?

 

[canuck78]

I will be starting my job in Detroit area, and both my wife and I will be moving to the area. We just did our landing and activated our PR status in Canada.

We are curious about one issue: will my spouse still be eligible for an H-4 visa if we set our primary residence to Windsor, Canada?

Or she needs to apply for and retain a B visa in order to visit someone else in the US?

No she can’t keep H4 if living in Windsor.

 

[jish6303]

No she can’t keep H4 if living in Windsor.

Thanks! What if we have both residences in both sides?

 

[harirajmohan]

Thanks! What if we have both residences in both sides?

What do you mean both residences?
Having home on both sides doesnt give the owner any legal status eligiblity to stay.

 

[jish6303]

What do you mean both residences?
Having home on both sides doesnt give the owner any legal status eligiblity to stay.

Thanks. Seems like many people including you, believe she would need to get a B visa (since neither of us are Canadian citizens and need visa for any US trips).

But that contradicts to what I see another story from another post, where an admission of entry with B visa was denied:
Daily commute (Detroit-Windsor) (H1b and Canada PR)

Maybe the CBP on the US side does not agree?

But anyways, I would believe she need some sort of visa if she intends to make a trip, and there shouldn't be any reason for a denial at the border since we are already legal PR of Canada and that is a strong tie for not overstay in the US.

 

[harirajmohan]

Thanks.
1. Seems like many people including you, believe she would need to get a B visa (since neither of us are Canadian citizens and need visa for any US trips).

2. But that contradicts to what I see another story from another post, where an admission of entry with B visa was denied:
Daily commute (Detroit-Windsor) (H1b and Canada PR)

3. Maybe the CBP on the US side does not agree?

4. But anyways, I would believe she need some sort of visa if she intends to make a trip, and there shouldn't be any reason for a denial at the border since we are already legal PR of Canada and that is a strong tie for not overstay in the US.

1, 3. We could see that border guys interpret differently hence see if its worth travelling frequently on H4. No issues with B1 though.
2. B1 was denied for the candidate who was trying to stay temporarily with the F1 resident spouse. In your case, the H1 is not a resident and H4 wont be a resident hence the scenario is different.
4. Legal status alone doesnt suffice, per my knowledge. Some officers of course consider but some dont. Most officers expect more of the things like job, home, family etc.

 

[jish6303]

1, 3. We could see that border guys interpret differently hence see if its worth travelling frequently on H4. No issues with B1 though.
2. B1 was denied for the candidate who was trying to stay temporarily with the F1 resident spouse. In your case, the H1 is not a resident and H4 wont be a resident hence the scenario is different.
4. Legal status alone doesnt suffice, per my knowledge. Some officers of course consider but some dont. Most officers expect more of the things like job, home, family etc.

Thanks for clarification. In this case, if I am planning a leisure trip departing from DTW airport, do I need to enter the US with a B2 visa myself then?

 

[harirajmohan]

Thanks for clarification. In this case, if I am planning a leisure trip departing from DTW airport, do I need to enter the US with a B2 visa myself then?

No need for B visa for the one who works at US currently. Just state the reason you are going on that day if asked. H1 guys are allowed to enter for shopping, visiting, taking flights etc without additional B1 visa.

 

[Dr kbknaidu]

If you have both houses in both countries should be ok, what is wrong in that ? I am not seeing any issue as long as if you have your established living proofs like utilities on your name and rental lease and phone bills in USA address , absolutely you can travel ..

 

[canuck78]

If you have both houses in both countries should be ok, what is wrong in that ? I am not seeing any issue as long as if you have your established living proofs like utilities on your name and rental lease and phone bills in USA address , absolutely you can travel ..

The questions is about traveling on an H4.

 

[Dr kbknaidu]

yeah even I am talking about travelling on H4, if you work in canada and want to go back to your home every day after work , nobody will question you, only you should have is established living status in USA like I mentioned above your DL and utilities and rental lease everything must be on your or your H1b spouse

 

[harirajmohan]

yeah even I am talking about travelling on H4, if you work in canada and want to go back to your home every day after work , nobody will question you, only you should have is established living status in USA like I mentioned above your DL and utilities and rental lease everything must be on your or your H1b spouse

Your scenario was correct for the residents in US but the question was "will my spouse still be eligible for an H-4 visa if we set our primary residence to Windsor".
Owning home doesnt give any eligibility for H status.

 

[lampbreaker]

She can certainly apply for H4 Visa and travel to US on H4 Visa with you. (If you yourself are not working in the US, then she cannot use that Visa). When you apply for a Visa, you are by definition living outside of the US. Of course, if she starts commuting regularly on H4 Visa, the CBP officer may scrutinize her more. Officers at Windsor/Detroit border are known to be more strict in their interpretations and scrutinize people a lot more.

 

[jish6303]

She can certainly apply for H4 Visa and travel to US on H4 Visa with you. (If you yourself are not working in the US, then she cannot use that Visa). When you apply for a Visa, you are by definition living outside of the US. Of course, if she starts commuting regularly on H4 Visa, the CBP officer may scrutinize her more. Officers at Windsor/Detroit border are known to be more strict in their interpretations and scrutinize people a lot more.

Thank you. She won't do a daily commute with me, except for occasional visit to US.

 

[jish6303]

Also does anyone know whether visa officers cancels all valid visas when one is in interview?

I had mine cancelled when I was applying H-1B transiting from F1 visa. My F visa was crossed out. But I believe that is a different scenario because it involves change of status.

Planning of applying both B and H for her.