Parents moving to US on H1B and child is a Canadian.

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sirocco
Member since: Oct 12

Posts: 24
Location:
Post ID: #PID

Posted on: 20-11-12 00:00:47

Hello,
Do I need to apply visa to US for my canadian born baby if I am going on H1B for three years?

If so what is the type of visa?

Thanks.

Full House
Member since: Oct 12

Posts: 2677
Location:
Post ID: #PID

Posted on: 20-11-12 01:59:39

Quote:
Originally posted by sirocco

Hello,
Do I need to apply visa to US for my canadian born baby if I am going on H1B for three years?

If so what is the type of visa?

Thanks.

------------------------------------------------------------------------------------------

A CANADIAN can cross the border with a VALID Passport. (Of course accompanied by you and the mother)

FH

dimple2001
Member since: Apr 04

Posts: 2873
Location: Western Hemisphere
Post ID: #PID

Posted on: 20-11-12 09:02:20

Quote:
Originally posted by sirocco

Hello,
Do I need to apply visa to US for my canadian born baby if I am going on H1B for three years?

If so what is the type of visa?

Thanks.

Your child will require to hold the dependant status of H4. The child will be issued an I-94 indicating the H4 status for the period of your H1. No stamped visa is required.

The I-94 can be obtained at the land POE if you are driving ($6.00 USD) or on the flight for free (and processed at the airport POE) if you are flying.

POE - port of entry.

-----------------------------------------------------------------
Dimple2001

sirocco
Member since: Oct 12

Posts: 24
Location:
Post ID: #PID

Posted on: 20-11-12 18:04:17

Thanks dimple. This information is not mentioned anywhere, may be I missed reading this. Do you have a link from the website?

thanks

cdn_dude
Member since: Dec 05

Posts: 942
Location:
Post ID: #PID

Posted on: 21-11-12 03:47:57

This is a well known fact - that Canadians do not need a consular visa to enter the US (for most categories), but need status. Therefore, the H1 dependents need H4 status (the I-94 form mentioned by dimple), not the visa.

Quote:
Originally posted by sirocco

Thanks dimple. This information is not mentioned anywhere, may be I missed reading this. Do you have a link from the website?

thanks

guptamik
Member since: Mar 05

Posts: 277
Location: Toronto
Post ID: #PID

Posted on: 21-11-12 11:26:26

Hi There!

If your child enters USA on just their Canadian passport, they cna't live there 'indefinitely'. A Canadian entering the US without any visa is considered a tourist and hence subject to the rules that apply to a B1/B2 which is that a person can't stay in USa for more than 6 months. Your child will beout of status if you plan to stay in USA for 3 years. As Dimple mentions, it's a simple process of getting an I-94 at teh port of entry which will give your child an H4 valid fo the duration of your H1 and ensure.

Hope this helps!

dimple2001
Member since: Apr 04

Posts: 2873
Location: Western Hemisphere
Post ID: #PID

Posted on: 21-11-12 11:29:14

Quote:
Originally posted by sirocco

Thanks dimple. This information is not mentioned anywhere, may be I missed reading this. Do you have a link from the website?

thanks

You will be ok as far as your child is concerned. Just enter the US with your child and at the port of entry, your child will be admitted on H4 using an I-94 endorsement.

On the other hand, if you are entering with your spouse, and if the spouse will be your dependant, and if he/she is a citizen of visa requiring country, then the spouse cannot enter the US without the proper visa in the passport. Visa can be issued only at a consulate. The spouse will be issued an I-94 at the POE with H4 status upon presenting with a valid passport, visa and any other pertinent approval documents required for H4 dependants.

-----------------------------------------------------------------
Dimple2001

Contributors: sirocco(3) dimple2001(3) Full House(2) cdn_dude(1) guptamik(1)

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