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In Canada with B2; want to change to H4, should apply for H4 VISA first then EAD?

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  • In Canada with B2; want to change to H4, should apply for H4 VISA first then EAD?

    my husband is now in H1B applying for I-140, not yet approved; i am now in Canada with valid B2 visa; i am going to visit my husband soon so I should apply for H4 VISA while I am in Canada or I can apply later when I am in US? once I get the H4 VISA, then I can apply for H4 EAD? Please help.

  • #2
    Originally posted by sweetbebe View Post
    my husband is now in H1B applying for I-140, not yet approved; i am now in Canada with valid B2 visa; i am going to visit my husband soon so I should apply for H4 VISA while I am in Canada or I can apply later when I am in US? once I get the H4 VISA, then I can apply for H4 EAD? Please help.
    You cannot enter the US on a B2 visa with the pre-conceived intent to change status. Your best bet is to apply for an H4 while outside the US.

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    • #3
      B2 coming in with husband

      Originally posted by sweetbebe View Post
      my husband is now in H1B applying for I-140, not yet approved; i am now in Canada with valid B2 visa; i am going to visit my husband soon so I should apply for H4 VISA while I am in Canada or I can apply later when I am in US? once I get the H4 VISA, then I can apply for H4 EAD? Please help.
      Typically you will need to prove you intend to go back to canada once you enter on a B2 visa, however, you can visit your husband in the US. And you can apply for the H4 once you get in, but you will need to prove your original intent was to come visit and not come and avoid counselor processing.
      This is purely my opinion and does not constitute legal advice.

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