H1b holder in US, Canadian Wife in H4 wants to work in Canada

2nirsv

Registered Users (C)
#1
Hi,
I am H1B visa holder (indian citizen) working in Detroit area and currently, my canadian wife is with me under H4 status. She has got a job in Missisauga area in Canada, she is planning to take it up.

We are planning to cross the border every week and meet up. Probably she will make a trip to US. I have few questions in this regard.

1. My question is: Can she retain her H4 status while working in her homeland (being canadian herself)?

is it legal for her to work in her home country and be in a different status with me in US?

2. If she can retain her H4 status in US, can she use that again and again to keep traveling back and forth across US ? or a VISITOR visa is better to travel often?

3. iF i were to apply for greencard, can i use her H4 status so that I will be able to add her during my adjustment of status?

Thank you very much for your time and kind help in helping me out.

Thanks,


2nirsv
 

bigboy00

Registered Users (C)
#2
1. My question is: Can she retain her H4 status while working in her homeland (being canadian herself)?
-- Yes.

is it legal for her to work in her home country and be in a different status with me in US?
-- Why do you think it is a problem? I do not see anything wrong in her working in Canada, since she is canadian and visit her "H1 husband" in the USA on H4 status.

2. If she can retain her H4 status in US, can she use that again and again to keep traveling back and forth across US ? or a VISITOR visa is better to travel often?
-- I do not see any issue here. In fact, H4 is the better since her husband is on H1 in the US.

3. iF i were to apply for greencard, can i use her H4 status so that I will be able to add her during my adjustment of status?
-- Yes, you can do that. Also, if she is Canadian by birth, then you can use her "place of birth" to get your GC faster - since Canada is a non-retrogressed country for the priority dates. BUT make sure that she does not leave the US once you file for AOS and before she gets AP.
 

2nirsv

Registered Users (C)
#3
I guess, your answers sums it up all. Thanks. I have another related question. I am currently in h1 status (3rd year / indian nationality). Having browsed through some messages I figured that since my wife would be working in Canada, I can apply for a PR in Canada based on family criteria.

1. Now, If I apply for canadian PR and hopefully make it and proceed towards canadian citizenship (i heard its about 3 years or so), what happens if I start my greencard processing in the states? I mean, when I apply for my greencard, I indicate I am an indian national with h1 etc and no indication of canadian PR or Citizenship..will I be able to adjust the data later?

2. Also, let me know your opinion: Should I go ahead with the canadian PR -> Citizenship and then look into US GC process? or doing them concurrently is a good option.

Thanks for all your kind help.

Regards.
 

bigboy00

Registered Users (C)
#4
I guess, your answers sums it up all. Thanks. I have another related question. I am currently in h1 status (3rd year / indian nationality). Having browsed through some messages I figured that since my wife would be working in Canada, I can apply for a PR in Canada based on family criteria.
-- Your wife can in fact sponsor you and you could get cdn PR within less than 1 year.

1. Now, If I apply for canadian PR and hopefully make it and proceed towards canadian citizenship (i heard its about 3 years or so), what happens if I start my greencard processing in the states?
-- Nothing happens to your GC processing - these are tow independent events (as far as starting both of them is concerned)

I mean, when I apply for my greencard, I indicate I am an indian national with h1 etc and no indication of canadian PR or Citizenship..will I be able to adjust the data later?
-- You should be able to adjust your new citizenship details at the time of AOS. Because before that, you do not come into the picture at all. But you have long way to go, since you are Indian born EB3 (unless your Priority date is very near).

2. Also, let me know your opinion: Should I go ahead with the canadian PR -> Citizenship and then look into US GC process? or doing them concurrently is a good option.
-- Before I answer that correctly, let me ask this first: Are you aware of the physical presence requirements to get the Canadian citizenship? You have to live in Canada (physically) for 1095 days or 3 years. How willing are you to give up your US residence and start living in Canada? (or how willing is your employer to let you work from Canada).
 
#6
I have a question. As a H4 visa holder in the USA (my husband is on H1B), and an Indian citizen, I plan on applying for Canadian PR via the federal skilled worker program, to eventually start working there. The question I have is if my PR does come through within a year, will my H4 visa in the USA get affected or be void immediately? Provided I don't get a job in Canada by then, how long will my H4 be valid after I get my PR in Canada? Can I choose to live in either country in that case?

Thanks in advance. Your responses are appreciated.
 
#7
Also, while applying for the PR, they asked for sufficient funds. Since I am a H4 dependent, can I show my husband's funds and income as a source? Because I am not earning here, I will have to have his money transferred. Will that be a problem?
 
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