Going back to US pending H1B

M

marwan

Registered Users (C)
Hi,
My daughter and I have valid TD visa until December 2008. We left the US before the April 1st filing of H1/H4 so we weren't included in my husband's application for change of status. If all goes well (i.e. if he gets very lucky) with my husband's H1 application, his status will be "changing" anytime from June until October 2008. My question is, can we go back to the US during the processing period? Appreciate your reply. Thanks to all.
 
He will not change status until October 1st -- if he gets H1 -- sdo he will remain in TN status at least until then.

Your TD remains valid until his TN expires or his H1 takes effect, whichever is earlier. You an enter freely until then on TD.

After his H1 becomes effective, you simply enter (assuming you are Cdn) at the border witha a copy of his H1 and proof of marriage and birth certs. IF you are not Cdn, you will need an H4 consular stamp after October 1, before entering.

He does have to keep a valid TN status until at least October.
 
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