Husband H1B and wife TN combination

[Arpit Aggarwal 0]

I am a Canadian citizen currently residing in India. My husband is travelling to Us Chicago in march on H1B. My plan is to join him in Chicago in April for few months and then search for job there itself. Do i need to apply for H4 visa or i can enter US on Canadian tourist status. Also once i get job then do i need to go out of US and come back on TN visa status ?

[bestluck 71]

 for getting a job, you need social security number which they dont issue to people on tourist visa. ... No you can not live and work in USA or any other country if you are on a tourist Visa, as it will be illegal. A tourist is not allowed to work or look for a job in the country he / she is visiting.

 

 

Edited February 20, 2019 by bestluck

[bestluck 71]

16 minutes ago, Arpit Aggarwal said:

I am a Canadian citizen currently residing in India. My husband is travelling to Us Chicago in march on H1B. My plan is to join him in Chicago in April for few months and then search for job there itself. Do i need to apply for H4 visa or i can enter US on Canadian tourist status. Also once i get job then do i need to go out of US and come back on TN visa status ?

for getting a job, you need social security number which they dont issue to people on tourist visa. ... No you can not live and work in USA or any other country if you are on a tourist Visa, as it will be illegal. A tourist is not allowed to work or look for a job in the country he / she is visiting.

[Boiler 43,423]

You can enter and look for a job as a visitor.

 

Do get a visa you would need to go back to Canada and re enter.

[USS_Voyager 1,971]

22 minutes ago, Arpit Aggarwal said:

I am a Canadian citizen currently residing in India. My husband is travelling to Us Chicago in march on H1B. My plan is to join him in Chicago in April for few months and then search for job there itself. Do i need to apply for H4 visa or i can enter US on Canadian tourist status. Also once i get job then do i need to go out of US and come back on TN visa status ?

As a Canadian citizen, all you need to enter the US is your Canadian passport and you need to apply to have advance approval to travel through the Electronic System for Travel Authorization (ESTA). ESTA is just a online thing and they charge $14.

https://help.cbp.gov/app/answers/detail/a_id/619/~/visiting-the-u.s.---documents-required-for-canadian-citizens-%2F-residents-%2F

 

If you do the above, you will be authorized to stay in the US maximum 6 months. 

 

Alternatively, yes you can apply for an H4 visa at the local US Consulate. You will have to do to the interview and if approved, you could potentially stay longer. CBP will typically authorize stay up to the expiration of the H1B petition. 

 

None of the above will allow you to work in the US legally. You are allowed to look for a job and interview for a job. Once you have a job offer, you have to leave the US and re-enter on TN visas. TN can for Canadian can be obtained at any port of entry on the Canadian border, however there are special ones that have optimized processing. If you do this, you will be on TN right after you re-enter and can work right away. https://www.cbp.gov/travel/canadian-and-mexican-citizens/traveling-tn-or-l1-visa-canada

 

Alternatively, once you have a job offer, you can file form I-539 Application To Extend/Change Nonimmigrant Status with USCIS to TN status. This way, you do not have to leave the US, but you have to wait until USCIS approve your I-539 which I don't know what the processing time is now, but it's usually months. 

 

Lastly, TN is only for certain professions, not all jobs qualify for TN. The list can be found here: https://tnvisaexpert.com/overview/nafta-job-list/

[Arpit Aggarwal 0]

In some other forum i got this response

 

 

You don't want to enter as tourist. You are not a tourist. 
Canadian citizens do not need a visa to enter the US (unlike citizens of India), there are a few exceptions for a very minority of Canadians (with criminal history, etc).
If your husband has an approved H1B petition, form I-797, you can arrive in Chicago airport and show your Canadian Passport, your husbands original I-797 approval notice, your original marriage certificate (and official translation if not in English) and the CBP will admit you in H-4 status for the same validity as your husbands H1B. (or the validity of your Canadian passport, which ever is shorter)
If your husband has an approved I-140, you can apply for H-4 EAD (Employment Authorization Document - although the future of H4 EAD is questionable, and it will take 4 to 6 months to process).
If you can get a job offer and the company is willing to sponsor you for a TN status, and you qualify for TN status, your company can apply to Change of Status from H-4 to TN without leaving the US. Or if you have a solid case for TN, you can drive or fly to any US/Canada (or US/Mexico) border and apply for TN at the port of entry. Ideally the company that wants to hire you will have a legal team that can assist you.

[Arpit Aggarwal 0]

On 2/21/2019 at 12:41 AM, USS_Voyager said:

As a Canadian citizen, all you need to enter the US is your Canadian passport and you need to apply to have advance approval to travel through the Electronic System for Travel Authorization (ESTA). ESTA is just a online thing and they charge $14.

https://help.cbp.gov/app/answers/detail/a_id/619/~/visiting-the-u.s.---documents-required-for-canadian-citizens-%2F-residents-%2F

 

If you do the above, you will be authorized to stay in the US maximum 6 months. 

 

Alternatively, yes you can apply for an H4 visa at the local US Consulate. You will have to do to the interview and if approved, you could potentially stay longer. CBP will typically authorize stay up to the expiration of the H1B petition. 

 

None of the above will allow you to work in the US legally. You are allowed to look for a job and interview for a job. Once you have a job offer, you have to leave the US and re-enter on TN visas. TN can for Canadian can be obtained at any port of entry on the Canadian border, however there are special ones that have optimized processing. If you do this, you will be on TN right after you re-enter and can work right away. https://www.cbp.gov/travel/canadian-and-mexican-citizens/traveling-tn-or-l1-visa-canada

 

Alternatively, once you have a job offer, you can file form I-539 Application To Extend/Change Nonimmigrant Status with USCIS to TN status. This way, you do not have to leave the US, but you have to wait until USCIS approve your I-539 which I don't know what the processing time is now, but it's usually months. 

 

Lastly, TN is only for certain professions, not all jobs qualify for TN. The list can be found here: https://tnvisaexpert.com/overview/nafta-job-list/

7

One more question, since we both are entering at the different time and both would need original I797 . How do we handle this situation.

[USS_Voyager 1,971]

1 hour ago, Arpit Aggarwal said:

One more question, since we both are entering at the different time and both would need original I797 . How do we handle this situation.

Obviously you can't have both original so I think yours will have to be copy. Maybe call CBP at Chicago to ask?