Posted on: 25-02-05 02:57:38
Dear friends,
I am currently working in USA on H1B. I got landing papers for myself and my family and have to land in Canada by May last week.
I have couple of problems and need advise from our friends for possible solutions.
My wife and children are in india and they have to get their H4 Visa. Is it possible for them to land in Canada without me(I think, i should land before them) having their landing papers and get H4 visas after a couple of days or weeks?
How easy/difficult to get H4 Visa from Canadian US embassy compared to Chennai Cosulate?
Thanks in Advance
Title edited
The premise of a NIV visa (like H-4) is that you need to have sufficient ties in the country where you are applying.
Since they will be new immigrants in Canada, they will not have any significant ties.
That doesn't mean that they won't get the visa - they will just have to try and see.
One of the things in your favour is that since H-4 is tied to the H-1, and H-1 is a "dual-intent" visa, significant ties are not an absolute necessity.
Also, the H-4 status will be derivative of your status, so they need not show any funds, assets of their own.
I will say got for it and try. If it doesn't work out, they can always go back and apply in Chennai.
BTW, I don't understand why they are coming to Canada in the first place - you will be working in the US and they will be living with you there.
So why not apply for H-4 in India and come to the US directly - why complicate things?
-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."
-- Rhett Butler in "Gone with the Wind"
Dear Friend
Thanks for your reply.
As I feel getting H4 may be complicated without me in india, I thought Canada will be an alternative choice. Moreover I thought to finish our landing process at the same time.
Any similar experiences/sugesstions are welcome to continue this thread.
You don't have to be physically present when your family applies for H-4 - there is no such requirements.
As long as they have the originals of the Notice of Approval and all supporting docs, they should get it.
Lots of families apply for H-4 after the H-1B worker is already there in the US.
As for your Canadian landing, I feel it will be simpler to do that once you are in the US.
That way, you don't need to jeopardise their chances of getting an H-4 visa.
Once all of you are in the US, simply do your landing and return to the US, if you don't want to move to Canada now.
Just my personal opinion - this is not legal advice 
-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."
-- Rhett Butler in "Gone with the Wind"
The only good thing about getting H1b/H4 from Canada is that you avoid paying the $75 "Visa Issuance Fee" which you would in India. You still have to pay the $100 application fee per person though.
-----------------------------------------------------------------
Microsoft - Which end of the stick do you want today?
Once again thanks for your info!!!
My Problem is that we have to land by may 23rd. Here (in USA), I also recently switched my employer. So i have to wait for my new H1 approval for their H4, which may be expected to come around april first week. We initially planned to come to US with H4 and then finish landing process from USA.
Now i am worrying about my H1 approval. If any thing goes wrong(My H1 approval got delayed), then we will end up in loosing Canadian PR , that i wont want at any situation.
So In that case, I am thinking to ask my family to come to Canada First and then finish H4 there and come to USA.
In that case , I want to know that can my family land in canada with out me provided I land before them. what are the chances that they face problem at immigration with out me?
How easy to get H4 for my family in Canada? Is it problem for new immigrant?
My wife and younger son have valid H4 (they have to transfer H4 for new company) and my daughter has expired H4.(so, she has to take new H4)
expecting your sugesstions!!!
Quote:I haven't kept updated with latest border crossing laws, but as far as I remember, as long as you have a valid I-94, you can re-enter the US from Canada.
Orginally posted by rakiniprem
My Problem is that we have to land by may 23rd. Here (in USA), I also recently switched my employer. So i have to wait for my new H1 approval for their H4, which may be expected to come around april first week.
If the I-94 issued from your previous job is still valid, you can cross the border even if you have changed employers.
The bottom line is that your status is still valid - H-1B status.
I had done the same things, but in my case, the old I-94 had expired, and I had to wait till I got the new petition approved (with a new I-94 attached).
Once I got that, I did my landing and re-entered the US using the I-94.
You may want to dig around on the BCIS website, or call BCIS central number, or even ask this question in the US NIV visa Usenet group at alt.visa.us
I am sure Ingo or Sylvia will be able to give you the latest scoop on this issue on that group.
Quote:See above - it may bne possible for you to use your current I-94 to make a trip to Canada and re-enter.
Now i am worrying about my H1 approval. If any thing goes wrong(My H1 approval got delayed), then we will end up in loosing Canadian PR , that i wont want at any situation.
Quote:No problem at all, as long as you land first.
In that case , I want to know that can my family land in canada with out me provided I land before them. what are the chances that they face problem at immigration with out me?
Quote:You will have to try.
How easy to get H4 for my family in Canada? Is it problem for new immigrant?
I see no serious reason for a denial (because of derivative status and dual-intent), but you won't know unless they try.
Quote:Why does your wife and younger son need a new visa is they already have a valid H-4 visa?
My wife and younger son have valid H4 (they have to transfer H4 for new company) and my daughter has expired H4.(so, she has to take new H4)
There is no need for them to "transfer" a visa - there is no such thing.
A visa is used to enter the US on a particular status (H-4, in their case).
As long as the visa is valid, and they are entering on the same status, there is no need for them to get new visas.
Your daughter will need new visa because hers has expired.
Hope this helps.
-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."
-- Rhett Butler in "Gone with the Wind"
