H-4 visa need help

M

maryleee

Registered Users (C)
I use my Canadian citizen Card entered U.S.My husband
hold a H-1b visa.Now he can file I-140 and I-485 for us.But our
lawyer said I must go back to Canada to get a B-2 or H-4
visa,because I don't have I-94 or any time stamp to proof the date I entered the U.S.
The questions are :
1.Should I go back to Canada to get H-4? Is it easy to
get H-4 in Canada?
2.Can I apply H-4 in the U.S without time stamp and I-94?
Any comment and suggestion are helpful.Thank you in advance!

maryleee
 
Answers

1. Yes, Yes for a canadian citizen
2. No. Since your current status is visaless, you need to get a visa first to be able to do green card. If you already have some other visa (b or f) you can change that to be h4 from within US.
 
Get H4, not B2.

If you get B2, you still need to change to H4. That is what my lawyer told me according to some new rules.
 
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