Non-Canadian TD to H4 at POE

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unsane

Registered Users (C)
I was just informed by my lawyer that my H1-B petition got approved. It looks like they still have closed to 20k of the regular cap unfilled this year, what a difference! (I lost in the lottery last year). Somehow my lawyer didn't go for the AOS route, rather, he did a straight I-129.

My question is: can a non-Canadian spouse TD visa holder change her status to H4 at the same time the TN holder crosses the border to get the new I-94 for his H1-B? My 3-year TN will not expire until 11/2011, and I would like to delay setting off the H1-B clock as much I can.

Thanks!
 
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Good question. You are of course referring to her taking advantage of AVR to enter US on a status that does not match her visa. I beleive that for AVR one has to have an approved I-539, which because you are not chnaging to H1 by mail, she cannot get.

So, to get H4 at the border with you, she needs first to get her new H4 visa at a consulate.
 
nelsona said:
Good question. You are of course referring to her taking advantage of AVR to enter US on a status that does not match her visa. I beleive that for AVR one has to have an approved I-539, which because you are not chnaging to H1 by mail, she cannot get.

So, to get H4 at the border with you, she needs first to get her new H4 visa at a consulate.
Click to expand...

Nelsona, thanks for your quick response.

I think I may just drive to the border by myself and file I-539 for her a couple days later, would that work?
 
Yes. At some point she will need to get an H4 visa if she wants to travel outside N America.
 
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