Canadian Citizens with H1B/H4 status

[harpreethwalia]

Hi All,
Me and my spouse are Canadian Citizens.

I will be working for a US employer on H1B while my wife might get H4 EAD status. I will traveling between Canada and US side for my work..

Is it advisable to get H4 EAD visa for my wife? I am reading that spouse might get some issues when she try to cross border on H4 status (when I am not with her). We live close to border so she will cross border multiple times in a month. We are only getting her H4 EAD for ber easy job search on US side.

Any advise here?

 

[Rawhide]

H4 ead is not advisable for both cross border work commute irrespective of spouse is travelling with or without h1b visa holder. This is a visa category when you are “living” with your spouse in the USA. Frequent commutes on h4 ead to work will raise questions.

 

[wink]

when she try to cross border on H4 status (when I am not with her)

What you highlighted is the issue... it would not matter if she has EAD or not... When she is trying to enter US, either you should already be in US or you are with her while crossing the border... AFAIK....

 

[Rawhide]

What you highlighted is the issue... it would not matter if she has EAD or not... When she is trying to enter US, either you should already be in US or you are with her while crossing the border... AFAIK....

I 100 percent agree with the comments. Without primary VISA holder present in USA/ accompanying Spouse, entering USA for stamping is not recommended.

 

[salmbagjaf]

Hi All,
Me and my spouse are Canadian Citizens.

I will be working for a US employer on H1B while my wife might get H4 EAD status. I will traveling between Canada and US side for my work..

Is it advisable to get H4 EAD visa for my wife? I am reading that spouse might get some issues when she try to cross border on H4 status (when I am not with her). We live close to border so she will cross border multiple times in a month. We are only getting her H4 EAD for ber easy job search on US side.

Any advise here?

Can you please elaborate on how you can get H-4 EAD? I am joining a US university as AP and they are being super unhelpful regarding my wife's visa. Can every H-4 visa holder apply for EAD?

 

[Tara]

Not all H4 visa holders can apply for EAD. Only those qualify where the primary H1 has I-140 approved.

See - https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/employment-authorization-for-certain-h-4-dependent-spouses

Can you please elaborate on how you can get H-4 EAD? I am joining a US university as AP and they are being super unhelpful regarding my wife's visa. Can every H-4 visa holder apply for EAD?

 

[swan0206]

Not all H4 visa holders can apply for EAD. Only those qualify where the primary H1 has I-140 approved.

See - https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/employment-authorization-for-certain-h-4-dependent-spouses

Are you aware how a Canadian Citizen can apply for H4 EAD?? I am aware of the process when he/she is an Indian Citizen which we have applied while we were back in US. But as the Canadian Citizen doesn't have a physical approval copy of H4 with her from USCIS, does USCIS have the understanding of this scenario?? Just the H4 stamp on passport at the border would suffice as the proof ??

 

[swan0206]

Are you aware how a Canadian Citizen can apply for H4 EAD?? I am aware of the process when he/she is an Indian Citizen which we have applied while we were back in US. But as the Canadian Citizen doesn't have a physical approval copy of H4 with her from USCIS, does USCIS have the understanding of this scenario?? Just the H4 stamp on passport at the border would suffice as the proof ??

@Tara any idea??

 

[wink]

But as the Canadian Citizen doesn't have a physical approval copy of H4 with her from USCIS

Why is that? why Canadian citizen will not have the approval copy of H4?

 

[swan0206]

Because Canadian citizens get their H4 activated at the border. They wouldn't have a i797.

 

[wink]

Because Canadian citizens get their H4 activated at the border. They wouldn't have a i797.

Okay, I understand your question now..... but an I-94 should have been issued with H4 status (at the border)? Maybe I-94 should be good enough. I am not sure they would stamp the passport with H4.

 

[Acharya9099]

Are you aware how a Canadian Citizen can apply for H4 EAD?? I am aware of the process when he/she is an Indian Citizen which we have applied while we were back in US. But as the Canadian Citizen doesn't have a physical approval copy of H4 with her from USCIS, does USCIS have the understanding of this scenario?? Just the H4 stamp on passport at the border would suffice as the proof ??

H4 has nothing to do with citizenship. As far as H4 approved question, the physical approved copy of H4 is only received when one apply it from within US. When you are already outside you just need visa or the stamp of H4 which is given based on primary H1 holder, it’s exactly same as physical I-797. You can use the H4 stamp for all you needs.

 

[swan0206]

H4 has nothing to do with citizenship. As far as H4 approved question, the physical approved copy of H4 is only received when one apply it from within US. When you are already outside you just need visa or the stamp of H4 which is given based on primary H1 holder, it’s exactly same as physical I-797. You can use the H4 stamp for all you needs.

Great. thanks for your response. Yeah, i forgot to add that im already outside the country. I get it now.

 

[HVisaUser]

Me and my spouse are Canadian Citizens.
Currently I'm in US with H1 status and my spouse is in Canada and she will be moving to US with me eventually.
1. In that case she don't have to apply anything to USCIS and simply get H4 status in port of entry with supporting documents?
2. Once she get the I94 in H4 status, she can send the documents to USCIS for EAD and come back to Canada on the same? Or she has to be in the USA until her EAD gets approved??

Please shed some light, since H4 EAD take long wait time and she don't want to take any break in her career.

 

[swan0206]

Me and my spouse are Canadian Citizens.
Currently I'm in US with H1 status and my spouse is in Canada and she will be moving to US with me eventually.
1. In that case she don't have to apply anything to USCIS and simply get H4 status in port of entry with supporting documents?
2. Once she get the I94 in H4 status, she can send the documents to USCIS for EAD and come back to Canada on the same? Or she has to be in the USA until her EAD gets approved??

Please shed some light, since H4 EAD take long wait time and she don't want to take any break in her career.

1.Yes
2. Thats right. She can apply for EAD and wait till it reached USCIS and then travel. Need not be inside the country till it gets approved. She can keep travelling.