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She has already lost H4 status, by working in the US outside of an H4 EAD. But that is fine as she doesn't need to maintain a status to stay in the US with a pending I-485. She can apply for an H4 visa abroad if she wishes. Her eligibility for an H4 visa and status is only based on being the...

Well if he is a Canadian citizen or has a valid TD visa, then it would be cheaper for him to just leave the US and re-enter than to file I-539 for Extension of Stay. But other than that, there is nothing wrong with I-539.

You are changing from what status to what status?

It's not so much a "renewal" as applying for AP again, which you can do at any time as an I-485 applicant.

No, but your husband's lack of current income is a problem for the I-864 if they were to ask about it.

If she left while it was pending, then it makes no difference if it was approved or denied. She is fine either way.

What was the period of stay granted by the I-539 approval?

Yes. A US visa is solely for entry, and is irrelevant to one's stay inside the US (including any changes of status or extensions of stay). A visa's expiration date just means the last date you can enter the US with it.

This letter is not about a spouse of a beneficiary, and says that being the beneficiary of an approved I-140 is not a reason in itself to deny entry on TN.

Again, I do not dispute that TN status will be lost. But that does not mean they cannot continue to work for any employer. They have an EAD. They are authorized to work without restriction.

I don't see how your second statement supports your first. Losing TN status does not mean they cannot continue to work for that employer.

This is incorrect. Like I said, he should have no problems getting an immigrant visa based on what you said.

He will not be denied an immigrant visa if he doesn't have a ban. He doesn't need to worry about the unlawful presence ban (where if one accrues between 180 days and 1 year of unlawful presence and then leaves the US, they trigger a 3-year ban; if one accrues more than 1 year of unlawful...

You don't need to "transfer" H4 -- your H4 doesn't care about which employer your spouse is working at. However, you need to *extend* your status as your H4 status will expire in a few months. As far as I know this is not true. Automatic extension of work authorization while the EAD renewal is...

Yes. I-130 and I-485 can be sent together (by mail, since I-485 can only be filed by mail), or I-130 can be filed first, and I-485 filed later with a copy of the I-130 receipt.

No

Hmm, did you ask to be admitted on Automatic Revalidation at the time of your entry? Maybe you could try contacting a CBP deferred inspection office and see if they can retroactively change your B2 entry to be a TN entry on Automatic Revalidation, since you met the requirements to be admitted on...

No. You cannot work as you are in B2 status. The officer did nothing wrong -- you could not have been admitted into TN status since you didn't have a valid TN visa, so B2 status was the only option. To go into TN status, you must either: 1. Have your employer file I-129 again for Change of...

It's written in the regulations, in 8 CFR 214.1(l)(2). It's until 60 days after stopping work or until the I-94 expiration, whichever is sooner.

Oh right I forgot it was F2A. It might have a few years of wait for visa numbers.