Clarification on obtaining H-4 status at the border for a Canadian citizen (Spouse H-1B pending)
I am on H-1B visa and my spouse on H-4 visa in the US. We both are Canadian Citizens. I am changing employers and my H-1B petition filed on November 18th under Premium Processing is pending approval. My husband travelled to Canada to appear for a visa interview at US consulate for E-2 business visa and unfortunately his visa got rejected. Based on previous I-797, it is valid till Nov 2026. He is in possession of that Original I-797 and marriage certificate.
My questions are -
1. Can he return to the US based on Automatic Revalidation rule?
2. OR does he need to wait for my H-1B approval? If he needs to return after H-1B approval, does he need original I-797 or a copy would work at Port of Entry?
3. Can he return on B1/B2 visa and transfer to H-4 in the US?
Which option is suited best for us?
Generally, the H4 Canadian citizen may enter the US without a visa with/without AVR with a valid passport, the H1B I-797A, the H1B change of employer receipt, your recent pay stub, and the marriage certificate. It may be better to await the change of employer approval.
Please acknowledge my answer as "BEST ANSWER" and/or "HELPFUL"? If you think so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
Husband can return to the U.S. immediately in H-4 status, even though you are changing employers and even though his E-2 visa was denied. As Canadian citizens, neither of you ever needs a visa stamp for H status, and he does NOT need to wait for your new H-1B approval to reenter.
Automatic revalidation does not apply here, as citizens of Canada don't need any such thing and entering on B-1/B-2 is the least desirable option under the circumstances.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Board Certified Specialist in U.S. Immigration Law, The State Bar of California...
Asker
Thank you for your response. If he choose to wait, does he need original I-797 approval or a printed copy would work?