TD to H4

M

mj66

New Member
Good Morning,

My husband h1b was approved with start date as Oct 1st. He received i94 along with h1b approval notice. His company didnt file h4 for myself and my son. We are canadian citizens. How we can change our status from td to h4? Can we just go to border and get i94 or do we have to apply for h4 within USA?

Please advice

Thank you,
Megha
 
Yes, bring your spouse original I-797b H1B approval notice, your original marriage certificate, original child birth certificate, Canadian passports. Bring $6 cash for each i-94.

I was on TN and spouse and child on TD. Once I received H1B approval notice from employer lawfirm, (I-797b without I-94 for myself). All three of us went to San Ysidro PED WEST Port of Entry near San Diego California. They called it "activating" my H1b and their H-4 status. I posted my experience earlier on this forum. It did take a few hours waiting in line, but otherwise very easy. (finger printed and photographed)

Since your TD status was based on your spouse TN status, I believe you should do it quickly. (you may currently be "out of status", as your spouse no longer holds TN). You should double check with your spouses employers law firm.
 
Thank you Amberleaf.
But his h1b is valid from Oct 1st. Can we go after to get h4 or we can go earlier than that to border?
 
Your H-4 status is based on your spouse H1B status. If the H1B is not valid until Oct 1st, then you need to wait until Oct 1st to activate your H-4 status at the POE.
 
Do we have to go to border on oct 1st or can we go like a week after to activate h4? We want to go on weekend after oct 1st. I am wondering will that time between oct 1st and the weekend will my son and myself be out of status?
 
Thank you for all the replies.

I just have one question, can we go on sep 30th even though my husband h1 start date is oct 1? Will the border agent give us i-94?
 
mj66 said:
Thank you for all the replies.
I just have one question, can we go on sep 30th even though my husband h1 start date is oct 1? Will the border agent give us i-94?
Click to expand...

Think of it this way.. could a person legally be someone's spouse on Sep 30th if the wedding date is Oct 1?
 
There is absolutely no urgency to get this done on or before Oct 1. Go anytime in the first couple of weeks in October, or if this doesn't suit you, submit an I-539 this week and forget about it.
 
nelsona said:
There is absolutely no urgency to get this done on or before Oct 1. Go anytime in the first couple of weeks in October, or if this doesn't suit you, submit an I-539 this week and forget about it.
Click to expand...
Technically, wouldn't she become out of status on October 1, since TD status depends on the spouse's TN status, and her husband's TN status ceases on October 1 when he goes into H1b status?
 
Yes, but by leaving country and re-entering, there is no risk, and this is not a work status, so -- once again -- there is little urgency to get this done. Besides. she has an I-94 which would not have expired, so no illegal presence.

This is really a no-brainer, no worry situation. Send in I-539 this week (that would need active status), or go to the border any time in October.
 
quick question here.......If the primary applicant who has the i-797A approval notice joins the family, will he need to carry any additional documentation......???
 
We're family of Canadian citizens. I am on TN and my family on TD. I got my i-797A (approved for change of status) for H1B. I plan to go to the border along with my family to get the status updated from TD to H4.

a. Do I need to carry any documentation or my approved i-797A enough?
b. Does my family need any documentation other than proving the relationship?
c. Do I need to get appointment for port of entry? Can I go on a weekend Saturday or Sunday or on a working day?

thanks
 
a. Proof that you are still working is good (paystub, entry badge). Technically if you are no longer working on H1 your sponsor would have had to notify CIS, but there is no harm in carrying that any time you cross.
b. citizenship, birth and marriage documents.
c. No. There is no adjudication to be performed, so it is simply a matter of issuing their I-94s. Hardly more than entering as a tourist.
 
There are a lot of useful info here. Thanks everyone!
I have a few more questions:

1) Before we head to the POE, do we have to get the approval of I-539?
2) If we don't need the approval of I-539 to get the H4 at a POE, do my wife and kid have to be Canadian citizen? My wife holds a Chinese passport and my kid holds a Canadian passport. Can both of them get the H4 at POE in this case?
nelsona said:
a. Proof that you are still working is good (paystub, entry badge). Technically if you are no longer working on H1 your sponsor would have had to notify CIS, but there is no harm in carrying that any time you cross.
b. citizenship, birth and marriage documents.
c. No. There is no adjudication to be performed, so it is simply a matter of issuing their I-94s. Hardly more than entering as a tourist.
Click to expand...
 
1. Not if your family is Canadain. And if they do get I-539 approval, they don;t need to go to the border at all. The approval notice will have the I-94 attached to it, fully valid.
2. If she needs an H4 and her I-539 is not approved, then she would need to first go to a consulate before re-entering. Your child is covered by answer #1
 
nelsona said:
1. Not if your family is Canadain. And if they do get I-539 approval, they don;t need to go to the border at all. The approval notice will have the I-94 attached to it, fully valid.
2. If she needs an H4 and her I-539 is not approved, then she would need to first go to a consulate before re-entering. Your child is covered by answer #1
Click to expand...
Thanks for the prompt response.

My wife is in US now and she holds a TD status and Chinese passport. Can she go to POE to change the TD status to H4 visa diretly without filing I-535 and getting the approval?
 
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