H4 to TN then TN to H4

J

jegathes

New Member
I am Canadian citizen had H4 VISA valid up to 2007, last year I changed to TN VISA (my wife has H1and daughter has H4 valid until Jun 2007). With in one year I have changed 2 TN; I had my 2nd TN about 5 and a half months ago which is 1 year VISA (permanent job) but recently I have resigned my job due to personal reason and it is valid for another 6 months.

Do I have to hand over the TN at the border when I go to Canada?
Can I ask for H4 when I reenter US?
Am I going to face any issue when I come back?

Please advice me, I have to come back because my family is in US.

Thanks
 
jegathes said:
Do I have to hand over the TN at the border when I go to Canada? Can I ask for H4 when I reenter US?
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You can either leave the US and hand in the old TN I-94 at the border (either Canadian or US will do) and get an H-4 as you re-enter the US. You will need proof of Canadian citizenship, a photocopy of your husband's H-1 approval notice and his I-94, and your marriage certificate.

The other option is to file an I-539 requesting a change of status to H4.
 
So, what will happen to my old H4? they stamped in my passport and it is valid until June 2007.

Will not they re-activate that?


Thanks you very much, I appreciate your help! :)
 
jegathes said:
So, what will happen to my old H4? they stamped in my passport and it is valid until June 2007. Will not they re-activate that?
Click to expand...

Since that is not a passport visa stamp, there is nothing to "reactivate". The only passport stamp a Canadian citizen would get is evidence of admission.
 
How to convert H4 to TN

Hi,

I am Canadian citizen living in USA with my wife and daughter from last 5 month. My wife has Canadian PR card and working in USA on H1 visa and my daughter is US citizen by birth.

I didn't apply for H4 visa because I have been looking job here and I heard that it is difficult to convert from H4 to TN visa and also on H4 visa I am wouldn't be able to apply for any job.

Different web site mention that a Canadian Citizen (without visa) max stay in USA could be six month so its means I have to exit USA and enter again but I am scared what if they don't allow me this time. I can live without my wife and daughter.

Second do they have record when I left country so next time when I will go back they can tell me how long I stayed last time.

Please tell me my options. I am considering getting F1 visa because on F1 I can work some hours

If I go for H4 visa what documents do I need for that? On H4 status do I eligible for applying job and if I am how long it will take to convert from H4 to TN and what would be procedure for that.

Please guide me what should I do. my email address is adnan02@yahoo.com

Regards

Adnan
 
Well.... sigh ....
You're post seems to be missing a bit of info.....
When you entered the US under what status did CBP allow you entry?
You've been in the US for 5 months you should already have figured out this issue at around the 2nd month.
You should have entered on an H4 then you would have had a documented legal status from which to switch to TN, F1 or whatever else you come up with.
As it is I'd suggest you get the H4 then go from there. At least you'll be completely legal as opposed to just "hanging out" in the US.
 
... and you can look for work on H4, much more easily than on illegal expired TN status.
 
I am Canadian Passport holder and my wife is working here on H1 visa because she has PR card.

I stayed here 5 months because I read in different website that Canadian can stay in USA for 6 month.

I was looking job in this 5 month and I had planed that once I will get job I will get TN why should I get for H4.

Now when 5 month finished no luck so decided I should go back and try to come again if they stop me on border I will apply for H4 because Canadian can get H4 on any US border.

Please advice what should I do .

1) Go Back and try to come without H4
2) Go Back and on border right away apply for H4

Tell them if they ask how long I stayed last time? should I manipulate my answer. Last time I came by car should I go and come back by car. I am scared they may be have record of my car.

If I use Bus there will be long custom

Regards

Adnan
 
So, you entered on B2 status -- visitor, yes?

Then you were entitled to stay 6 months -- but for future reference, remember that the six month applies for visiting US, not living in US with no ties to canada. You should have entered on H4 when your wife entered on H1. To enter saying you are a tourist, when you are not living outside US is sure to get you denied entry. Why would you even think of entering as a tourist when H4 status is MUCH better.

So, you simply need to go back to border and get H4 -- for you and daughter if she does not have it yet.
 
Thanks for your reply My daughter is a US citizen, Should I tell them truth how long I stayed last time and should I use car or bus in which custom will be easy
 
Of course you should tell the truth. You were admitted as visitor, you are now requesting H4.

I would never cross the border -- or go anywhere -- by bus.
 
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