converting from H4 to TN

A

abygan

New Member
Hi,
we have moved from Canada during 2004..My husband got TN and myself and my daughter were in TD..This year my husband got the H1B and so we are in H4. Now I want to go for a job. My questions are:

1 - can i get TN visa without crossing the border..I mean can I do it thro a lawer

2 - what may be my daughter's status...will she be in TD / H4....

3 - For some reason, if i cannot work in future, shall I switch back to H4?

Your answers are appreciated..
Aby.
 
1) yes you can get a TN without crossing the border. Since you are in legal status in the USA as a H-4, you can send a I-129 petition to VSC to request TN status. However, VSC is very very slow right now and is taking more than 5 months to process petitions. You could pay an extra $1000 and request premium processing and have it done in 2 weeks, or you could go to the border and have it done instantly.

2) Your daughter will remain in H-4 status unless you file for her to be in TD status. It is better to remain in H-4 as it is good for 3 years as opposed to TD which is one year.

3) if you lose your TN job, you can file to change status back to H-4 by sending a petition to VSC.
 
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