B2 to H4

dryocean

New Member
Hello,

I'm a Canadian citizen and have been residing and working full-time in Canada for the past few years. My employer is a Canadian company which does not do any business in the US nor has employees there.

My family is residing in Maryland and my wife works full-time with a H-1B and has an approved I-140. She is awaiting her priority date to become current to file for her I-485.

I visit my family regularly and it is typically for a few days each month. My manager recently gave me the option of working from Maryland to have more time with my family. If I am able to reside in the US, I would work remotely from Maryland, but continue to be paid in Canada. I would expect to visit Canada once a month at least. Also, I am aware that I would need to file taxes in Canada and USA and will do so, if I go this route.

Currently, when I visit my family I enter the US on a B-2 which is issued at the airport by a US immigration officer.

Question: Can I apply for an H-4 visa under these circumstances? Are there any considerations I should be aware of in order to apply or after the visa is issued? I am not planning to do a COS while on B2. I would request for a H4 as I cross the border, during a future trip.

Thank you!

DO
 
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