When does the TN status end when you quit job?

This is not complicated -- because she has a B2 visa.

She should eneter on it, and change from within US, unless she can get a consualr appointment to coincide with the wedding.

There is no point submitting an H4 I-539 now, since it is invalidated the momnent she leaves US.

And while we know that there is a differnce between out of status and illegal, if found to be in either situation will get one kicked out of the country.
 
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nelsona said:
This is not complicated -- because she has a B2 visa.

She should eneter on it, and change from within US, unless she can get a consualr appointment to coincide with the wedding.

There is no point submitting an H4 I-539 now, since it is invalidated the momnent she leaves US.

And while we know that there is a differnce between out of status and illegal, if found to be in either situation will get one kicked out of the country.
Click to expand...

Well, it seemed more complicated before I asked all these questions :p, but indeed it seems much better right now and I now have a plan of action for the different circumstances. :cool:
After all, I still have some hopes that the H1B approval will come very soon and we can all work happily :D

Really, thanks for your time and patience. If I can ever help u somehow, let me know. I am resourceful in my own way.:cool:

-David
 
Hi again folks,
So far it seems we got unlucky with getting my wife's H1B on time, so she will need to go to Mexico next month and she would have to re-enter the country on B1/B2... what I am wondering is what reason we would give at the POE for her visit to the us? Is visiting her spouse a good reason to visit on a B2? I am thinking they could claim that she would not want to return to Mexico... She also wouldn't have any income in Mexico... obvioulsly
any ideas?
We would apply for her COS to H4 once back in the US...
thanks
 
well, You've hit upon one of the problems with having a long-term visa and qualifying for entry on it.

B2 entry still requires mainatininga a foreign home, and providing sufficient proiof that one will not overstay. This may be difficult for your wife, given you live in US. The income issue is probably not an issue, since you support her.

If you are in doubt, she should be arranging a consular appt to get H4.
 
nelsona said:
well, You've hit upon one of the problems with having a long-term visa and qualifying for entry on it.

B2 entry still requires mainatininga a foreign home, and providing sufficient proiof that one will not overstay. This may be difficult for your wife, given you live in US. The income issue is probably not an issue, since you support her.

If you are in doubt, she should be arranging a consular appt to get H4.
Click to expand...

The problem with the consular H4 is that I think it may take several months to get approved, right? so it would be different to a COS, right?
We already spent a year apart and wouldn't like to have to do it again :(
 
"several months" is an exageration.

She needs an appointment, which she can make now, but the visa approval will be within hours or days of that appointment, I would think. You already have an H1.

Depends on how comfortable she is crossing in B2 status without the required foreign ties .. and of course, if she can even get a convenient appt time.
 
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nelsona said:
"several months" is an exageration.

She needs an appointment, which she can make now, but the visa approval will be within hours or days of that appointment, I would think. You already have an H1.

Depends on how comfortable she is crossing in B2 status without the required foreign ties .. and of course, if she can even get a convenient appt time.
Click to expand...

Yes, I do have the H1B. So she doesn't need to send in an application first? that's where my confusion resides... I had caught up with the COS application, but I am not familiar with the consular application.
 
H4 is a non-work status; getting a visa for such status should be no more time consuming that getting a B or TD visa.

No pre-approval is required.
 
nelsona said:
H4 is a non-work status; getting a visa for such status should be no more time consuming that getting a B or TD visa.

No pre-approval is required.
Click to expand...

This is great news for me, I was certainly confused. Thanks again for the info :D
 
hey folks, I am just back with an update.
My wife got the H1B (non-cap) approved after all (after a RFE) and we found out that the stupid lawyers submitted a consular application rather than a COS, so she was out-of-status without us really knowing. She then went out of the country and to the consulate and got it approved without problems....
We are happy now :D
thanks for your help
 
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