My wife and I are Canadian citizens. I am on H-1B and was laid-off about 4 months ago, but the employer has not notified the INS. My wife has been working on TN visa for the last three years and I have asked her lawyer to apply for change of status from H-1B to TD for me while applying for my wife's TN extension. The lawyer says there is some risk as I am technically not on H-1B anymore even though my I-94 is valid upto 2004. I also had I-140 approved with another employer more than a year ago, which may cause problems as well. I would like to avoid going to the border as I feel that is more risky now.
Would I be considered in status once I apply for the change of status irrespective of whether the change is later approved or not? A lawyer told me that if it gets rejected, I may be considred out of status for more than 180 days which could cause problems during future green card process. Any opinions or experiences?
Thanks.
Would I be considered in status once I apply for the change of status irrespective of whether the change is later approved or not? A lawyer told me that if it gets rejected, I may be considred out of status for more than 180 days which could cause problems during future green card process. Any opinions or experiences?
Thanks.