H4 vs I94 - Canada to US

[Corrine]

HI 

My family is relocating from Canada to the US, my husband was approved for his H1B Visa, and we will be dependents on his.  I was told that we don't have to apply online or visit a US embassy and instead can apply at the border.  I now am learning that we can only get an I94 status at border.   I am getting confused what the difference between I94 and H4 is, and if I need both?  

[shekar11#]

3 hours ago, Corrine said:

HI 

My family is relocating from Canada to the US, my husband was approved for his H1B Visa, and we will be dependents on his.  I was told that we don't have to apply online or visit a US embassy and instead can apply at the border.  I now am learning that we can only get an I94 status at border.   I am getting confused what the difference between I94 and H4 is, and if I need both?  

Who told you that? Is it your employers attorney?

[JoeF]

4 hours ago, Corrine said:

HI 

My family is relocating from Canada to the US, my husband was approved for his H1B Visa, and we will be dependents on his.  I was told that we don't have to apply online or visit a US embassy and instead can apply at the border.  I now am learning that we can only get an I94 status at border.   I am getting confused what the difference between I94 and H4 is, and if I need both?  

A visa is an entry document, the status in the US is determined by the I-94.

Generally, a person presents a visa for a specific category at the port of entry (e.g., airport, land border crossing), and gets issued an I-94 corresponding to the visa category (e.g., somebody presents an H1 visa and gets an I-94 which lists H1 as status and the duration for which the I-94 is valid.)

For Canadians there are some rules which make it easier by not requiring a visa to be presented at the border. I am not 100% sure if that applies to H4, I am sure there is info about that online.

And btw, the lawyer should have explained that to you.

Edited November 4, 2019 by JoeF

[newacct]

5 hours ago, Corrine said:

HI 

My family is relocating from Canada to the US, my husband was approved for his H1B Visa, and we will be dependents on his.  I was told that we don't have to apply online or visit a US embassy and instead can apply at the border.  I now am learning that we can only get an I94 status at border.   I am getting confused what the difference between I94 and H4 is, and if I need both?  

Are you guys Canadian citizens?

[pontevecchio]

If you are Canadian citizens, you will get the H4 I94 at the border and this confers H4 status on you.

[Corrine]

Hi pontevecchio, yes we are Canadian citizens.   Thank you for clarifying!  It sounds like everything we will need to do is at the border!

 

[Corrine]

On 11/4/2019 at 2:10 PM, shekar11# said:

Who told you that? Is it your employers attorney?

it was the university that my husband is going to work at - they sent us information. 

[Corrine]

On 11/4/2019 at 4:06 PM, newacct said:

Are you guys Canadian citizens?

yes we are! 

[Corrine]

On 11/4/2019 at 4:19 PM, pontevecchio said:

If you are Canadian citizens, you will get the H4 I94 at the border and this confers H4 status on you.

Hi pontevecchio, yes we are Canadian citizens.   Thank you for clarifying!  It sounds like everything we will need to do is at the border!

 

[Corrine]

On 11/4/2019 at 2:10 PM, shekar11# said:

Who told you that? Is it your employers attorney?

the department in the University that my husband will be working sent us information 

[newacct]

17 hours ago, Corrine said:

yes we are! 

Canadian citizens do not need US visas to enter the US on most types of nonimmigrant status. You guys would show up at any US port of entry (by land or air; doesn't matter; you can travel to the US on just your Canadian passports), and present his H1b petition approval, and he would be admitted into H1b status, and you would be admitted into H4 status.