H4 EAD : My partner is in Canada I am in USA
My partner and I plan to get married. He didn’t get his H1B all three times and left to Canada to work in the Canadian branch office. I am in USA and got my i140 approved. He applied for B1 visa which went on to RFE. Is it better if I go off to Canada and find a job there or should I ask him to come and apply over here in USA on H4 EAD? Please advise.
My spouse is on H4 EAD and working in US. While it’s on the chopping block, USCIS is still accepting applications. It’s likely that if approved, it will last for full 3 years vs being revoked. That may be a good option. If he/she got RFE on tourist visa it’s possible there is some flag on his profile and they may find getting H4 difficult too
Go to Canada until you both have independent status in the US, which eventually you will even if it's by getting Canadian citizenship so you can be TN. Don't come back until you have a way to have redundant status in the US (either of you can lose their job and stay on the others visa). Otherwise it's just too unstable. You might find you like Canada a lot and never come back as well..
Which company does he work for?
Why didnt he get H1B for 3 times? Didnt get picked up in lottery or denied? If denied, what was the reason? He might be flagged in the system.
got picked up in the lottery twice, but petition was denied on the basis of 'specialty occupation'. USCIS was unable to provide proper evidence, so an appeal was filed the second time (I.e the last chance of H1B)...results of the appeal is still pending. and he left to Canada
Either of you works for Visa? Or you tagged Visa Company for immigration Visa related issues 😂
Thanks for letting me know. My apologies