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Arpit Aggarwal

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About Arpit Aggarwal

  • Rank
    Newbie
  • Member # 322677
  • Location Bengaluru, Karnataka, India

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  • City
    Chicago
  • State
    Illinois

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  1. One more question, since we both are entering at the different time and both would need original I797 . How do we handle this situation.
  2. 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.
  3. 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 ?
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