Hello Mister
Active Member
Hi,
I am currently in TN status and got selected in the H1b lottery this year. The petition was filed with COS (which was approved) and I was sent the same I94 number as my current TN. Now the lawyer has given me two options to change the status of my dependents to H4 from TD:
1) File I-539 if there is no plan to travel outside the US (could take at least 2.5 months to process) OR
2) Plan a trip in a way such that the re-entry is within 10 days prior to Oct-1st and request for H4 status at POE in which case I-539 would not be necessary
The queries I have are:
1) If the dependents are traveling by themselves and re-entering (say) on Sept-24th, would they only require a copy of my approved I-797 and I-94 to be granted H4 on entry at the POE? Any issues since technically, I would still be in TN status. I am also assuming they do not have to go to a US consulate
2) If they are unable to travel outside the US by Oct-1st, can an I-539 be filed for them after Oct-1st? or does it absolutely have to be before Oct-1st and they will be in-status since there is a pending petition?
3) From what I have read, with COS, the status will change automatically from TN to H1 on Oct-1st without the need to travel outside the US for visa stamping:
Thanks in advance for the help.
I am currently in TN status and got selected in the H1b lottery this year. The petition was filed with COS (which was approved) and I was sent the same I94 number as my current TN. Now the lawyer has given me two options to change the status of my dependents to H4 from TD:
1) File I-539 if there is no plan to travel outside the US (could take at least 2.5 months to process) OR
2) Plan a trip in a way such that the re-entry is within 10 days prior to Oct-1st and request for H4 status at POE in which case I-539 would not be necessary
The queries I have are:
1) If the dependents are traveling by themselves and re-entering (say) on Sept-24th, would they only require a copy of my approved I-797 and I-94 to be granted H4 on entry at the POE? Any issues since technically, I would still be in TN status. I am also assuming they do not have to go to a US consulate
2) If they are unable to travel outside the US by Oct-1st, can an I-539 be filed for them after Oct-1st? or does it absolutely have to be before Oct-1st and they will be in-status since there is a pending petition?
3) From what I have read, with COS, the status will change automatically from TN to H1 on Oct-1st without the need to travel outside the US for visa stamping:
a) do Canadians need to get the H1b visa stamped at a US consulate in Canada OR
b) whenever they leave the US (and re-enter), its automatically considered stamped at the border
4) If I am traveling with my family and re-enter on (say) Sept-24th, do I request the official to admit me in H1 or TN? Or is it probably better to avoid travel until H1 kicks in to avoid TN/H1 visa confusion?b) whenever they leave the US (and re-enter), its automatically considered stamped at the border
Thanks in advance for the help.