H4 visa stamping in canada -Copy of proof of your legal status in Canada

Hi ,

I am an Indian citizen living in the USA on H4 and my H4 is valid till 12/01/2019 . I have a Canada visitor visa in the passport. Recently my spouse’s H1B extension is approved for 3 years and I had not filed my H4 Extension as USCIS is taking longer time to process H4 applications.

  1. Can i go to H4 visa stamping at US consulates in canada based on My spouse 's H1B Extension which is approved for 3 years?
  2. Once i take the appointment at US Consulates in canada , in the appointment confirmation email ,in the list of required docs , it is asking 1. Copy of proof of your legal status in Canada – what document do i need to provide?

Hi @dealgrabber1226

You can enter US without getting a new H4 visa using your spouse’s approved new i797 and extended i94 for yourself. That way you won’t need the visa stamp at all.

If you do want to get stamping in Canada, you can.

Your legal status proof in Canada will be your Canadian visa and Canadian immigration stamp.

You can enter US without getting a new H4 visa using your spouse’s approved new i797 and extended i94 for yourself

Just wanted to get clarity for the above point, the H4 dependent needs to have a valid and non-expired H4 stamped on passport after 12/01/2019, if they are outside USA, otherwise they cannot enter, correct?

Hi @Testusernet123
Yes, that’s correct. A valid H4 visa is required to enter USA. But an extended i94 can be given to H4 based on H1B i797 validity.

Thank you for clarifying.

Hi,

Have you gone to Canada with Expired H4 visa ?
What is your experience. It will be great help if you can send me some insights.

In this pandemic i want my wife and kid to travel Canada for Stamping H4.

Regards,
Balaji

Hi @Anil_Gupta ,
My COS from L2 to H4 is taking longer (more than 6 months and no update yet). Is there a chance I can get the stamping done at Canada?
Appreciate your response.

Thanks
Priya