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H4 stamping in Canada while on Visitor Visa.. Please help!!!

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  • H4 stamping in Canada while on Visitor Visa.. Please help!!!

    Hello,I am in Canada on work Permit now. I am getting married in India and mostly I will bring my wife to Canada on Visitor visa as I dont have time to apply dependent visa.I got my US h1b approved and I will go for h1b stamping in Canada.

    My question, is my wife eligible to for interview to get her US H4 dependent while she is in Canada on visitor visa and if she gets it, can she travel to US from Canada. Please let me know.

  • #2
    Yes, she can apply for her H4 visa in Canada. If approved, she can travel to U.S from Canada.
    She might get questioned by the VO about applying for the H4 visa from Canada while she is there on a visitors visa. Be prepared to answer that.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      It should generally be fine.
      This is my opinion and not legal advice.

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      • #4
        Originally posted by kabkaba View Post
        It should generally be fine.
        Thank you.. In case if here H4 rejected in Canada and if I wish to apply for her in India, how long should she wait to apply again. Please let me know.

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        • #5
          Originally posted by rockstar2020 View Post
          Thank you.. In case if here H4 rejected in Canada and if I wish to apply for her in India, how long should she wait to apply again. Please let me know.
          She can apply immediately, there is no wait period.
          This is my opinion and not legal advice.

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          • #6
            Originally posted by kabkaba View Post
            It should generally be fine.
            Hi , Thanks for your reply.

            Instead of Visitor Visa, if I bring my Spouse on Dependent Visa, then are the chances of getting the H4 stamped in Canada are more and positive? Please let me know and thanks in advance..

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            • #7
              There is no such requirement. However, bringing your dependent in H4 visa rather than B1/B2 is the right thing and it has its merits.

              Originally posted by rockstar2020 View Post
              Hi , Thanks for your reply.

              Instead of Visitor Visa, if I bring my Spouse on Dependent Visa, then are the chances of getting the H4 stamped in Canada are more and positive? Please let me know and thanks in advance..
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment


              • #8
                Originally posted by shervin143 View Post
                There is no such requirement. However, bringing your dependent in H4 visa rather than B1/B2 is the right thing and it has its merits.
                Thanks Sherwin.

                I meant, applying H4 visa in Canada with Canadian Visitor Visa or Canadian Dependent Visa, which will be easier to get through.

                I am really confused, some say it is tough to get H4 stamped in Canada with Canadian Visitor Visa as consulate may ask her go to native to get stamped.. So i am thinking If I being her on Canadian dependent Visa, would it be easier for her to get through the interview. Please advise.

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                • #9
                  Originally posted by rockstar2020 View Post
                  Thanks Sherwin.

                  I meant, applying H4 visa in Canada with Canadian Visitor Visa or Canadian Dependent Visa, which will be easier to get through.

                  I am really confused, some say it is tough to get H4 stamped in Canada with Canadian Visitor Visa as consulate may ask her go to native to get stamped.. So i am thinking If I being her on Canadian dependent Visa, would it be easier for her to get through the interview. Please advise.
                  Yes, that may be true. Is it the same effort to get Canadian Visitor vs. Dependent Visa? If so Dependent will be the way to go.

                  If you plan well, even getting both your US Visas in India will also not be that difficult.
                  This is my opinion and not legal advice.

                  Comment


                  • #10
                    Originally posted by kabkaba View Post
                    Yes, that may be true. Is it the same effort to get Canadian Visitor vs. Dependent Visa? If so Dependent will be the way to go.

                    If you plan well, even getting both your US Visas in India will also not be that difficult.
                    You are correct, stamping in India would be easy and best...

                    I am ok to get my H1b visa stamped in India followed my wife's H4 there. But my manager says that if I do H1b stamping in Canada and come to US, it will be easy also my salary might be more with reference to internal company policy in comparison with H1b stamping in India, as he says if I come from India to US my salary might be low as per company policy.

                    This is the reason i wanted to do H1b stamping in Canada and because of me, my wife had to do her H4 stamping in Canada. This is resulting in confusion over my spouse's H4 approval in Canada?
                    Last edited by rockstar2020; 08-12-2015, 05:08 PM.

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                    • #11
                      What they pay you in Canada or India does not matter. When they file H1B, they also file a labor condition application and state how much they will pay you in the US. They will have to pay that no matter where you get your Visa. Also, Visa application is your own, your company has nothing to do with where you get the Visa.
                      This is my opinion and not legal advice.

                      Comment

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