Canadian in india on h4

M

mj66

New Member
Hi,

I am a Canadian citizen with oci card. Last year my husband got h1b. He was on TN before. We both went to border and he got h1b and I got h4 stamped on our passports. I am in India now visiting parents and when I tried to book tickets to come back some people here saying that I need to get h4 visa stamped from US embassy in India. On my passport all I have is a circular stamp that shows visa type, visa date and h4 expiry date. Now I am worried if this is enough for me to come back to USA? Do I need h4 visa stamp? Will the Indian airlines accept this and let me travel? Now with trumps EO I cant even get visa until year end. Did anybody experienced this kind of situation before? Please help me

Thank you,
Megha
 
Neither you nor your husband got a "visa" (which some people call "visa stamp"), which can only be obtained at a consulate, not the border. As Canadian citizens, you don't need US visas to seek entry on most types of nonimmigrant statuses, including H1b and TN.

The problem is that now with the suspension of entry of people on H/J/L statuses, you guys can't come back to the US, since you guys were not physically present in the US on the effective date of the proclamation (June 24), nor did you guys have valid visas on that date (which you guys wouldn't normally have as Canadian citizens).
 
My husband is in Usa. I am in india. I didnt understand when you said we dont have valid visa on 24th and canadians doesnt get visa. I am confused. Please explain.

On my stamp it says h4 valid until sep 7 2022.
 
Also are canadians exempt from the trump eo? So i am thinking my alternative is when canada allows indian flights travel to canada and fly from canada to usa? Will this work or does this also cause problem for me? Please help
 
newacct said:
Neither you nor your husband got a "visa" (which some people call "visa stamp"), which can only be obtained at a consulate, not the border. As Canadian citizens, you don't need US visas to seek entry on most types of nonimmigrant statuses, including H1b and TN.

The problem is that now with the suspension of entry of people on H/J/L statuses, you guys can't come back to the US, since you guys were not physically present in the US on the effective date of the proclamation (June 24), nor did you guys have valid visas on that date (which you guys wouldn't normally have as Canadian citizens).
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mj66 said:
Also are canadians exempt from the trump eo? So i am thinking my alternative is when canada allows indian flights travel to canada and fly from canada to usa? Will this work or does this also cause problem for me? Please help
Click to expand...

on another forum someone has apparently “confirmed“ that Canadians are exempt from the proclamation due to not needing visas. It wasn't clear to me who “confirmed” this with whom. If that’s the case then the workaround of flying to Canada and entering at the border where a visa is not needed, should work. But this is hearsay ...there must be enough Canadian H visa holders that someome has this officially somewhere?
 
Hmm... the only thing from the proclamation that I can see would make Canadian citizens exempt is that the Canadian passport might be considered "an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission", which, I guess, a Canadian passport technically does (allow a Canadian citizen to travel to the US to seek entry in H/J/L status). But it would be nice to have this explicitly spelled out somewhere.
 
newacct said:
Hmm... the only thing from the proclamation that I can see would make Canadian citizens exempt is that the Canadian passport might be considered "an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission", which, I guess, a Canadian passport technically does (allow a Canadian citizen to travel to the US to seek entry in H/J/L status). But it would be nice to have this explicitly spelled out somewhere.
Click to expand...
 
I am in a difficult situation. My husband and kid are in usa and i am stuck in india. Can somebody please give me some lawyer info so i can call them and find if any alternatives to fly to usa from india
 
mj66 said:
I am in a difficult situation. My husband and kid are in usa and i am stuck in india. Can somebody please give me some lawyer info so i can call them and find if any alternatives to fly to usa from india
Click to expand...
Lawyer details at the top right hand corner of the page.
 
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