H1 approved for me. How to switch TD into H4?

A

adelkam

Registered Users (C)
Hi,

I am Canadian working in the USA under TN visa. My wife & son are both on TD, all are valid until December 31, 2008.

My company has switched me to H1-B visa on April 2008. The company says that I have to go to Canada to get the H1-B visa from the US consulate in Canada before October 1.

- How true is this? Any body familiar with the process?

-When is the best time to apply for H-4 for my wife & son? (Now, based on the above approval?, after I receive my H1-B and before December 31, or "instantly" at the US consulate once I get my H1)

- Should they go to Canada for the same thing, or can we adjust their status while here.

- Can they join me in that trip to Canada, and they can go back using their valid TD status, while I am on H1 then, then, we file an adjustment for their status while here in US?
 
No, you don't have to go for stamping unless you are from anther country. Typically people from India run into this situation and the stamping can sometimes become a big deal for them.

You would have had a status change based on your I-129. I thought the same thing when I went from a TN to H1B.

Now send in an I-539 from here for your wife and kids and you should be good to.

We are assuming everyone is a Canadian Citizen.
 
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As a Cdn, you are not required to get a consular visa for H1. In fact US consulate will NOT give Cdns a Visa for this.

So, If your I-129 approval has an I-94 attached, you will automatically become H1 on Oct 01. if your family is also Cdn, they should go to the border and get i-94s for TD at some point after that date. If not, they should go to Consulate for H4 stamps, or file I-539 from within US.

if no I-94 is attached to your approval, You will need to go to the border, sometime AFTER Oct 01, and get H1 I-94. Your family should go with you and get their H4 I-94s at the same time (or make Consular appt for that time). Insist that your firm pay for this, since they should have filed correctly for you and your family, and you should have all transitioned to H1/H4 on October 01.
 
Everybody got I-94 along with TN/TD extension in the past (by filing I-129 & I-539 while in the US in the past two years).

I am not sure if I-94 will be received along with the H1B approval notice or not. my company didn't receive the notice yet, but they got an automatic notification from their lawyer or so (they expect it within 4 weeks though).

I hope that the I-94 will be received similarly. Do you think the next step would be filing I-539 to for my wife & son to switch from TD into H4 and could be done while in US.

If I recive I-94, should I go to for stamping everytime I travel outside US? (I am not, at all, familiar with the process)..!

Thanks
 
simsd said:
No, you don't have to go for stamping unless you are from anther country. Typically people from India run into this situation and the stamping can sometimes become a big deal for them.

You would have had a status change based on your I-129. I thought the same thing when I went from a TN to H1B.

Now send in an I-539 from here for your wife and kids and you should be good to.

We are assuming everyone is a Canadian Citizen.
Click to expand...


But I am Canadian by naturalization, could the reason that I am born in another country? or this shouldn't matter?
 
adelkam said:
But I am Canadian by naturalization, could the reason that I am born in another country? or this shouldn't matter?
Click to expand...

Thisa does not matter. You will not get stamping. Lawyer has misinformed comapny on how to process a Canadian -- once again.
 
Thanks, I hope these will be my last questions/ clarifications:

Is I-94 will be received along with the H1B approval notice or not (similarly to my past TN mail renewals)?

Can I file I-539 for dependants to switch from TD into H4 (while in US) using my approved file number? or should I wait until my company receives the approval notice first (may be within 4 weeks) then file the I-539?

Thanks
 
simsd said:
No, you don't have to go for stamping unless you are from anther country. Typically people from India run into this situation and the stamping can sometimes become a big deal for them.
Click to expand...

Correction: People who need consular visas run into this issue. (irrespective of whether they are from India/Pak/Bangladesh/......) Cdns do not need to worry about H1 stamping.
 
adelkam said:
Thanks, I hope these will be my last questions/ clarifications:

Is I-94 will be received along with the H1B approval notice or not (similarly to my past TN mail renewals)?
Click to expand...

-- It depends on whether your company has filed your H1 as a change of status or as a loose application. If COS, then the I-94 will be attached to your H1. If a loose petition, you will have to cross the border and reenter the US to activate your H1.

Can I file I-539 for dependants to switch from TD into H4 (while in US) using my approved file number? or should I wait until my company receives the approval notice first (may be within 4 weeks) then file the I-539?
Click to expand...

-- I am not sure about this, so I will let others answer this one.
 
adelkam said:
Can I file I-539 for dependants to switch from TD into H4 (while in US) using my approved file number? or should I wait until my company receives the approval notice first (may be within 4 weeks) then file the I-539?

Thanks
Click to expand...

You could have submitted the I-539 at the same time as (or anytime after)you submitted the I-129 petition, so you certainly can do so now. Refer to the petition number.
 
bigboy00,

I wasn't trying to single any one nationality out. Just using that as an example. And I used India because there are so many people on this forum from India who understand the whole process, and thought they might be able to shed some light in the event adelkam's family was not Canadian. That's all. No harm intended. :)
 
simsd said:
bigboy00,

I wasn't trying to single any one nationality out. Just using that as an example. And I used India because there are so many people on this forum from India who understand the whole process, and thought they might be able to shed some light in the event adelkam's family was not Canadian. That's all. No harm intended. :)
Click to expand...

-- I understand...Also, my "correction" was a friendly response!

Cheers!
 
Hello,
(this question is posted in a separate thread, but thought It may be better to add as a followup question to my original thread)

My company has finally switched me from TN to H1B starting October 2008.

We received I-797C "approval notice" for class H1B.

Conversly to all previous I-797 notices for **past TN** renewals, This H1B approval notice didn't have I-94 attached to it (?)

Any feedback on the reason and would I need to get I-94 for this new visa type (H1B) and how?



Thanks
 
Simple. Either your firm did not ask for it in the petition (which was dumb), or you were not eligible for one due to you not being able to prove continuous status until October 2008 (ie. you did not submit an I-94 with a post-October expiry date -- from your post above, I know you had a qualifying I-94, but was a copy attached?)

Now you will have to go to border to get H1 activated near Oct 01, 2008 (or pay for an I-539 change) but before december 31,2008, remembering that you still need to maintain TN and TD status until such time as you activate your h1
 
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