How to cancel my TN visa and go Back to H4.

K

kidhamni

Registered Users (C)
Iam a Canadian citizen and i came to US on H4.My husband was working on H1.Last Jan i took Tn visa to start working.., I didn't go to work till date as I did not receive my ssn number and my consultant was not ready to place me on a project until I get SSN..My husband is going to apply for I 140 and I485 in July of this year. I am not knowing what problem i will have since iam not working .when I call the Social security office for finding the status of application,they say they need verification from Homeland security,once they get it they will send the ssn card.But its been 4 months now.They are not sending the card or any letter saying they can't issue the card.and Iam not able to work.Iam not knowing what will be the problem as iam not working when iam on work visa?
Now i want to change back to H4.How can I do that?
1...Can i just go to border and take I797 form and will they stamp h4 for me.
2..Or do I need to ask my employer to cancel my TN visa?
3..Will me being on TN visa affect anything on filing I485
.can anybody suggest what i have to do in this situation.Urgent
 
Sorry to here about your SSA problems. As you probably know, you are legally allowed to work, but your employer's 'discomfort' is wrongheaeded, but that is his choice of course. You might want to get a lawyer involved to explain his error.

In any event, I agree that if you cannot straighten this out next week, you are probably best off switching back to H4 to be in 'perfect' status when applying for I-485. But keep in mind that this means not working until you get EAD. even if the SSN comes the day after you file I-485.

The way to do this is to go to the border with proof of HIS H1, a copy of a recent pay stub, and proof of marriage. Your previous H4 is not really of much use.

You do not need to do anything with your Tn, it's dead for now. You will get EAD in October, and you can work wherever you want at that point.
 
Did you go into the SSA office to get the number? If not, can you? Or did you do that (go directly in), and they are still waiting for something from Homeland Security?
 
nelsona,
thank you for response,
I really want to switch back to H4 in this situation as i don't know the complications I will have since I did not work till date after I got my work visa.
When I go for H4 to border will they ask me all this type of Questions like did you work,Etc etc.Can I tell them all that happened( not getting SSn number and the things).
My only consideration is will this effect anything regarding filing I 485
1......What happens when I get the SSN number next day I change my status to H4?
2.....do I need to notify my employer about that Iam changing my status to H4?do he need to cancel my Tn visa?
3.....Since you know that on TN we are not supposed to stay in the country for more than 10 days if we are not working,Will my stay in these 4 months become illegal?even though I did not get ssn number?

simsd,
Yes I went to the office and applied.they say that they are still waiting for verification from homeland security.
3 weeks before when i asked them can I apply again,they said you can do,and I applied again.Its been3 weeks now i did it again.
 
1......What happens when I get the SSN number next day I change my status to H4?
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I think you misunderstood my statement. I said that once you go on H4 (and then submit I-485), it will not matter if you then get SSN, since you will still not be able to work, as you will have given up TN status, and will not be allowed to get TN status back. i'm just pointing out that while not having SSN has been your problem so far (although it should not have prevented you from working), once you give up TN, you cannot work until you get EAD.

2.....do I need to notify my employer about that Iam changing my status to H4?do he need to cancel my Tn visa?
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Quite frankly, you do not have an employer. You have someone who sponsored you for TN and then refused to use you. You owe them nothing, as they have treated you shamefully. besides, there is no formal process for an employer to cancel TN: you do so by handing back the I-94 to the officer when you get your H4.

3.....Since you know that on TN we are not supposed to stay in the country for more than 10 days if we are not working,Will my stay in these 4 months become illegal?even though I did not get ssn number?
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Not tecnically true that you have 10 days to leave. The instant you lost your job, or in your case the instant your employer refused to use you, you were out of status. However your I-94 has not yet expired, so you are not accumulating illegal presence. Also, you have not worked illegally, which carries graver consequences. You should not have a problem at the border. I would be sure however that I LEAVE US, and then return at the border crossing - NOT simply drive to the US office on the US side. This exercise demonstrates that you physically left US, which will basically wipe your slate clean. And don't keep going back to the lack of SSN; this had nothing to do with your legal work status.

An alternative tactic, if you still have the I-94 that was stamped with H4 status (and it is still valid), is to simply drive up to canada, hand in your TN I-94 to the Cdn officer, and then drive back into US showing your H4. This is perfectly legal so long as you still have the H4 I-94 and it has not expired, since your husband is still in H1 status. I would still be prepared to get a fresh H4

your big problem (obviouslY) was that you were unable to convince your employer that you were legally allowed to work. For other readers, be very firm on telling your employer that you do NOT need SSN to work legally, and that SSA has clear instructions on how employers can document that both the worker and employer are fully compliant with SSA regs while waiting for the SSN. you should not let this drag on more than a week or two -- never mind 5 months.
 
Thank you once again for your clear reply.

But in the letter they gave me when I applied for SSN,It says that


"This letter does not mean that we will issue you a social security card.It also does not show you have a right to work in the United states."

I knew that my consultant who sponsered my TN is just giving me a reason not showing me a project to work on.


and do you think they will never ask me about wheather i worked or not on TN when I go for H4 stamping at border?
If at all they ask can I show the Letter I have from SSN office which states the above .

you cleared many questions in my mind.Thank you very much once again.
 
kidhamni said:
Thank you once again for your clear reply.

But in the letter they gave me when I applied for SSN,It says that


"This letter does not mean that we will issue you a social security card.It also does not show you have a right to work in the United states."
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Yes, that simply means: the letter does not show that you have the right to work in the US. But in your case, your TN DOES prove that you HAVE the right to work in the US.

kidhamni said:
and do you think they will never ask me about wheather i worked or not on TN when I go for H4 stamping at border?
If at all they ask can I show the Letter I have from SSN office which states the above .
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-- They will not ask this question (my best guess). But if they ask, be short, clear and truthful. You will not accomplish anything positive by showing the SSN letter to them.
 
In fact, even the SSN doesn't give you the 'right' to work. It is a tracking/accounting number, nothing more.

The SSA instructions to employers clearly indcate that attaching that letter (or a similar SSA-issued receipt) to an I-9 and indicating "pending' is all that the employer is required to do in your situation. That is what the letter was for, not immigration.

I would also not bring this letter to the border, as it actually documents how long you chose (yes, you chose) to do nothing about your status.

Leave US, give TN to Cdn officer, and then re-enter on H4.
 
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I decided to cancel my TN at last.Iam going to toronto Airport and returning on the same day evening.
now I have some doubts,

Where I have to hand over my TN I 94?
is it when I go to Canada immigration when I land in toronto to the canadian officials.they take it or should I tell them I came to cancel my TN and hand over to them.
(I am having this doubt as on my I-94,It is stamped Multiple entry)

Iam taking my old I797 form (H4 visa petition)(it has expiry until 2009)
and also copy my husbands H1 petition and his recent pay stub.
do i need anything else?

will the officer at US immigration while returning to US ask me anything about my cancelling my TN? or he just issue I 94 for H4 status?
Please advise me......
thank you,
 
give your TN I-94 to the US immigration official when you apply for the H4.

you will also need your marriage certificate.
 
nelsona said:
In fact, even the SSN doesn't give you the 'right' to work. It is a tracking/accounting number, nothing more.

The SSA instructions to employers clearly indcate that attaching that letter (or a similar SSA-issued receipt) to an I-9 and indicating "pending' is all that the employer is required to do in your situation. That is what the letter was for, not immigration.

I would also not bring this letter to the border, as it actually documents how long you chose (yes, you chose) to do nothing about your status.

Leave US, give TN to Cdn officer, and then re-enter on H4.
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nelsona,

seeing your post I thought I need to hand over the TN to CDN officer and re enter on H4

but gunt says this:
give your TN I-94 to the US immigration official when you apply for the H4.

Can you clarify what have to be done?
thank you both of you
 
Either one is accepotable in normal circumstances. However, since you possess a TN which you NEVER used, and remained in US for the entire period, I would have a tendancy to want to dispose of it (to Cdn official) rather than to the US officer who will no doubt question you about how your TN ended.

If you simply enter with nothing but your porrof of spouses H1, there is less chance of questionning, and you can honestly say that you previously gave it in at Cdn border, if even asked.


... and I never said you NEED to hand it in to Cdn officer, I suggested it for the reasons I outlined. and this would be particularly useful if you still had your H4 I-94 (what happened to it?)
 
My i-94 was taken by the immigration officer when he issued the Tn visa.
and he told me when ever you want to come back to H4 you can bring the i 797 form I have, then they can issue me the i 94 for h4 visa.
thank you
 
so bring the I-797, and proof that hubby is still in H1... and give your I-94 to Cdn immig officer.
 
HI everyone, I know this post is old, but my wife is in a similar situation, but it is more problematic, since we are both from Mexico and need visas.
She is currently working on Tn and we want to swith her to H4 (I have a H1-B).
We would submit a change of status, but the way I see it there would be two options to stay in the US. With a change of status:
1. Keep working on TN until H4 is approved, but then she would have to immediately stop working the exact same day that it is approved, otherwise she would work illegally

2.She could quit her job some time before the H4 is approved, but that would end her TN status, possible voiding the change of status, and she would probably have to leave the country

is this a lose-lose situation or I am not understanding things correctly??

THanks

Another problem is that waiting outside of the US could take 6-12 months based on the info provided by the vermont center, where the change of stats would go

David
 
Once she submits her H4 status, this protects her from being out of status, she can choose to work on her TN as long as she wishes, or not. She can choose to be TN, or H4-pending, until her H4 is approved.

This is NOT a problem.
 
nelsona said:
Once she submits her H4 status, this protects her from being out of status, she can choose to work on her TN as long as she wishes, or not. She can choose to be TN, or H4-pending, until her H4 is approved.

This is NOT a problem.
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Wow, that's great news. Thanks a lot Nelsona. This would eliminate most of my headaches.
After posting this question I kept reading several other threads, and found a similar (though still different) situation.

So given we need visas because we are from Mexico, if she quit her job (thus electing H-4 status), she would not be able to leave the country right? since she wouldn't qualify for the visa and her TN visa wouldn't be valid for re-entry?

DO you happen to know the publication where this info is located in case we need to defend our case with the hard-headed officers?

Thanks again, I really appreciate it
 
She could leave the country of course, no one is prisoner here.

But, to re-enter US she would need an H4 visa. She cannot avail herself of any visa waiver provision since she is changing status.

I don't know what you would be needing to 'defend'? Any time you would be talikng to an officer, you would have her H4 consular visa in hand. You would also have her previous I-94, and her H4 I-539 petition. Her last TN paystub would show when her TN was still viable.
 
What I am referring to as "would not be able to leave the country" is because I am wondering if her change of status would be somehow considered abondoned, as I've heard before for other visas (including when I applied for H1-B).
Does this situation apply?
If it doesn't, assuming she went out of the country before he got the visa, would she be able to come to the US using her "visa laser" (I believe it's a B-2)?

Thanks again
 
her status would be considered abandonned, but so what, she is out of the country then she would be applying for H4 at the border, with her Visa in hand. Besides, if her I-539 is granted before she leaves teh country, nothing would be abandonned.

As to H1 becoming abandonned when one leaves the country, not true. The I-129 is never affected by the beneficiary leaving the country, only the change of status is, or might be.
 
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