Husband on H1-Wife Denied TN should she try again?

We are both Canadian citizens. We live and work in the U.S. I recently switched form L1 to H1 status. My wife had to quit her job. We hired a lawyer and were told my wife could apply for TN to be able to work again.

Yesterday my was was turned away at Toronto POE when applying for TN. She was told that her letter of employment should have been addressed to them and not to her and that she required a health screen.

They would not allow her to return to the U.S with H4 documentation.

Our lawyer suggested she could try again with H4 and might get a different officer or go to another POE (Buffalo)

She is now scared and does not want to attempt TN again.

Will there be issues if she tries to enter again with H4?
Should she try at Toronto or another POE?

There is no way she should have been denied entry on H4, so obviously you hit a bad apple.

I would be fixing the TN letter (although there is nothing wrong with it) and getting visa screen. I assume she is a nurse? She should have had to get screen while working in L2 as a nurse as well, so I'm not sure what the problem is.

The officer gave her a hard time about the H4 because we did not leave the country to change. My company filed for change of status for us. It says on our i797 that "petition and change of status has been approved" but I think their computer still shows me as L1. He also said you something like you can only try to enter on one at a time.

We didn't know about the screen, you are right she is a nurse. She started working in the U.S. about a year after moving here and I am pretty sure got a screen then.

I have been researching an it looks like her job offer should also have mentioned a time frame indicating the job is temporary. Her letter did not though the officer did not mention that, only that it should be addressed to them.

I am not sure what to do, I guess it depends on if we can get the job offer fixed.

If she tries for the TN again can she do it at a different POE?
I ask because if she can't return in the near future I want her to stay with my family in another province.

Do not let yourselves be intimidated by one nasty officer.

She is 100% entitled to enter on H4, in fact, her H4 has been approved and simply cannot be denied at the border, unless she is a criminal. There is no such reg about having only one shot to enter the US at any time. The "failure" of her TN did nothing to her H4 status or eligibility. She should have called the supervisor over and had him ream this jerk.

She has an H4, and should be allowed to enter on it. Today. She has absolutely no need to go live with anybody but her spouse. Your H1 is valid and so is her H4. Period.

For TN, the solution is quite simple. Have the employer write a TN letter instead of merely the job offer, and she should find her screening and take that with her to.
If she fixes the letter and screen, it does not matter which POE she goes to, That is only a problem when one tries to take the same documents to a different POE.

Thank you very much for your time and help.
It really helped me understand the situation.

We do not remember anything about her screen previously, it was a couple of years ago.

My wife talked to her old Doctor but they did not know what to give her.
I can't find much information about it. Is there a government form for the health screen?

maybe the term "visa screen" is throwing you off. Ask about her CGFNS certificate or NCLEX-RN exam. This is something that nurses are familiar with so I'm sure she is better equipped to know about this than you.

All foreign nurses need this to to get a work visa in US. Because of her L2 EAD, her employer may have been able to bypass this requirement, but now, because she needs TN, they can't sponsor her without her having it.

It is throwing me off. The officer wrote down two things, one was the job offer being addressed wrong.

The TN letter from our lawyer was addressed to the them but the job offer was addressed to my wife.

He also wrote down "Health Screen" I wonder if he meant visa screen but my wife showed her current Texas nursing license not the CGFNS certificate or NCLEX-RN exam.

It is frustrating, first thing he asked was "did your lawyer prepare this?" then later he crossed the lawyers name out on the TN letter and mentioned something like we don't care about what the lawyer says.

She needs to provide her CGFNS certificate or NCLEX-RN exam. That is pretty much required for nursing TN.

As you said my wife does know about the NCLEX-RN exam. She passed it in Texas.

She does not know about the CGFNS certificate.

If I can get evidence that she passed the NCLEX-RN exam to her that is that what she needs? She does not need a VisaScreen or CGFNS certificate?

its one or the other.