Change status from tn to h-4?

[vltruong]

I am a Canadian. I just got my new 3 years TN visa on Feb.1th 2009.
Unfortunately, I had been laid off on Feb. 15 2009. But at that moment, I didn’t change my status because I thought I could find a new job and transfer my TN visa to the other company.
But, until now, I still not find any job yet. Now, I start to worry my legal status in U.S.
My wife has an H-1B visa. I would like to change my status to H-4.
I know to apply H-4 is easy but since I didn’t change my status right away after I had been laid off.
So I was wondering if the USCIS will reject my case and kick me out from U.S.
Should I find an attorney to help me to file the H-4?

 

[nelsona]

You are fine. Go to border, with copy of your wife's H1-B I-94, and your marriage certificate, and you will get new I-94 in H4.

Youshould have done this almost immediately, but since you are in possession of an I-94 that has not expired (it is invalid, but not expired).

You cannot get an H4 fomr USCIS by mail now though, since you are out of status. You need to go to the border and deal with CBP.