TN visa with H4 visa approved by october 1

JRodarte

New Member
Hello. Currently I am living in the USA under a TD visa because my wife have a TN visa. On April we did the paper work to change visa status. My wife to H-1B an I to H4 visa. We just received the approval notification letter and is valid from October 1, 2016.

At the same time I found a job in USA. I am also an Engineer and I have a job letter and all documentation ready to get my own TN visa. My questions are: If I apply for a TN visa I would lost my H4 visa? It is better to wait until October and then apply for an EAD for H4? Can I get a TN visa for 1 year and then change it to H4?
 
let's, again, be clear about the difference between status and visa. I'll assume you are Mexican, since that would be the only situation where visas come into play. H1-B, H4, TN, TD are statuses while in US. a Visa permits you to enter US on one of those statuses.

You will be eligible for h4 status in October, and MAY (Repeat MAY) at that time be allowed to apply for an EAD. In the meantime, you can be on any other status that you qualify for (TD, TN, etc). By filing an I-129 you can get an TN tomorrow; it can be of any duration from one day to three years, depending on the needs of the sponsor. This is all done within US, so no need for any visa appointment. When I-129 is approved, you begin to work.

In October, you may wish to change your status to H4, but you should only do this if you are eligible for EAD (which would only be if your spouse as an approved I-140, or if your spouse is in the "7th year" of H1 with a PERM pending). So, from what you have posted, you won't yet be eligible for EAD, so a TN is your only way to work for the time being. So I would not worry about losing H4, as it will definitely not let you work between now and the time you get EAD, which could be years.

You may wish to ensure that your switch to H4 does not occur automatically, by cancelling your H4 petition. You can wait to do this until nearing October, in case you become eligible.
 
Hello finally I get my TN status and I have been working in the US since. However I am still with my H4 petition approved and ready to start in October. How do I cancel my H4 petition? So I can continue under my TN status.
 
You send a letter to the USCIS office that approved your I-539 (it is on your I797 form you received), telling them you wish to cancel the approved H4 due to other current status. Attach copy of I-797 and a copy of your new I-94. Certified mail, with proof of receipt requested.
 
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