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  • H4 Stamp on Canadian Passport

    We are Canadian Citizen and living in USA on my Husband H1B Visa Status. Me and my daughter has not traveled outside USA on our H4 status yet. I-94 was issued in 2009 was on TD visa status while returning from India. Hy Husband was on TN Visa Status earlier and we were on TD status at that time. We do not have any stamp on our Passport with H4.

    We will be travelling to India on end of May and returning in end of July. We have concern of requiring stamps on passports while travelling back from India. We have I-797C Notice of Action; Is it not enough?? Please verify if this is required then how we are able to get this resolved.

    Although my Husband has various H1B stamp on his passport as he is been travelling to different country. My husband also will be joining us in last two weeks of our vacation and we will be returing together.

    Do I need to have H4 stamp on my passport? I heard a lots of problem from India while returning.

    Can anybody please help me and guide me in right direction for this issue?

  • #2
    Once you leave U.S, in order to return back in H4 status, you will need a valid H4 visa stamped in your passport. To get the H4 visa stamped, you will need the original I-797 of the primary H1B holder (Your Husband). Look at the list of documents required to get the H4 stamped in the below link.
    https://www.immihelp.com/h4-visa-stamping-documents/
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Does it mean if I have my Husband’s Original I-797 and my original Notice of Action I-797C of H4 visa should be enough to get my Canadian Passport stamped at USA Airport? I do not think I need to go to US consulate in India; is this correct? And there will be no questions asked from Indian Airport.

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      • #4
        Please let me know if I can get my H4 stamp on Passport on US Airport while coming back from India. Or do I need to go to Canada before to get my H4 stamped?? My Husband already had H1B stamped on his passport various times.

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        • #5
          H4 Stamp on Canadian Passport

          One cannot get Visa stamping at the airport. One has to go to the consulate abroad. If you are planning to fly in from India to US then you need to get H4 visa at a US consulate in India. If you are planning to go from India to Canada and then come to US then you have to get H4 visa at US consulate in Canada. This is my opinion, do check with experts too.

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          • #6
            I do have H4 visa in form of Notice of Action I-797C from US immigration service. I am asking about to get this stamped on my Canadian Passport.

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            • #7
              H4 Stamp on Canadian Passport

              You need to have a valid visa stamped in your passport to enter US legally. This requirement is for all non US citizens. Without a valid visa in passport one cannot enter US. If still in doubt please consult an immigration attorney.

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              • #8
                I-797 is not a visa. You are getting confused over visa and petition approval notice. What you get approved from USCIS (I-797) is approval notice. Your approval notices would have come with a valid I-94 attached to the bottom of the document which will allow you to stay in the country until its expiry date. However, when you leave U.S, you need to return all the I-94s that you have received (Cut the I-94 from the approval notice and staple it to your passport). To re-enter U.S, you should get the respective visa stamped in your passport. In order to get the visa stamped, you need to schedule a visa interview at a U.S consulate. Visa is a mandatory entry document to U.S and you need to have a valid one to re-enter U.S. In your case, since you want to re-enter back in H4 status, you need to have a valid H4 visa stamped in your passport.
                Not a legal advice. Use of this information is strictly at your own risk.

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                • #9
                  Thanks for your detail reply but I have one question; if I go to Canada do I have to go to US consulate to get H4 visa stamped? because my Husband got his H1B stamped at US Border Detroit while coming back from Canada.

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                  • #10
                    You have to go to the U.S consulate in Canada to get the H4 visa stamped. Are you sure your husband got his H1B stamped at US Border? It could be just a TN visa. Take your husband's passport and see if there is an H1B visa stamped in his passport. If yes, then most probably he would have got it doen at a U.S consulate.
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment


                    • #11
                      No My husband never gone to US consulate in Canada. He has lots of H1B stamp on his passport but he got his 1st H1B stamped at US border when his status changed from TN to H1B although his TN was not expired when he got his H1B stamp. For Canadian Citizen there is no Photograph Type US Visa paste to Passport but just a stamp with H1B written and date of expiry return.

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                      • #12
                        I found following on US embassy website:

                        Canadians Requiring Visas

                        In almost all circumstances, Canadian citizens do not require visitor, business, transit or other visas to enter the United States, either from Canada or from other countries. However, some exceptions exist:
                        •treaty traders (requires E Visa)
                        •foreign citizen fiancé(e)s (K-1 Visa), as well as the fiancé(e)'s children (K-2 Visa)
                        •a U.S. citizen's foreign citizen spouse traveling to reside in the U.S. while awaiting final completion of the process of immigration (K-3 Visa), as well as the spouse's children (K-4 Visa)
                        •spouses of lawful permanent residents (V-1 Visas), as well as the spouse's children who are traveling to reside in the U.S. while awaiting final completion of the process of immigration (V-2 Visas)
                        •non-immigrants travelling to the United States for work (Non-Immigrant Visas), including: •foreign government officials (A Visas), if entering the U.S. for temporary or permanent assignment
                        •officials and employees of international organizations (G Visas), if entering the U.S. for temporary or permanent assignment
                        •NATO officials, representatives, and employees, only if they are being assigned to the U.S. (as opposed to an official trip

                        Additionally, Canadians with any sort of criminal record, including drunk driving, should review this page regarding Criminal Ineligibility.

                        If you believe you fall under one of these categories, you will need to apply for a visa. In order to begin this process, and to find out more information, please click here.

                        Comment


                        • #13
                          Canada has a reciprocal border agreement with the United States that allows citizens of either country to cross the border for visits of up to six months without first obtaining a visa. For any stay exceeding six months, a visa is required.

                          Canadian citizens can be refused entry upon inspection at the border if the border officer is not satisfied that they intend to return to Canada upon the conclusion of their visit. If a would-be visitor has been refused entry to the United States, he might have to apply for a visa to make any entry into the United States in the future.

                          This is my opinion, do consult experts too.

                          Comment

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