TN - H1B - H4 question.

[Raj009]

Hello,

My TN visa is expiring on 09/07/2008. My H1B is approved for this year and is kicking off from Oct 01. My wife, a non-Canadian has booked an appointment for her
H4 visa stamping from US Consulate in Ottawa on Aug 13. My wife is living in US now on TD visa.

My questions are as follows.

1) If my wife gets an H4 visa stamp on Aug 13, will she have any problems entering US on a TD? This is because her H4 kicks off only on Oct01 and she needs to be on status from Aug 13 to Sep 07. She is planning to leave US on Sep 01 and come back with her H4 on Dec.

2) I am planning to renew my TN at POE to be on status from 09/07 to 10/01. Is this ok?

3) I was grilled at POE last time for my TN.Suppose my TN is rejected this time during renewal, will I have any issues entering with my H1B on Oct 01? Does TN rejection causes any adverse effects on H1B?

 

[bigboy00]

1) If my wife gets an H4 visa stamp on Aug 13, will she have any problems entering US on a TD? This is because her H4 kicks off only on Oct01 and she needs to be on status from Aug 13 to Sep 07. She is planning to leave US on Sep 01 and come back with her H4 on Dec.

-- The problems could be : 1. Her TD visa stamp could get canceled (if it is valid) by the consulate when she receives her H4 visa stamp. In that case, it will not be possible for her to enter the US neither on H4 (because it kicks in in Oct) nor on TD (because it is canceled).

2. If #1 above does not happen, her either of the visas could get canceled at the POE (mostly H4). Mostly, even if you are allowed in on only 1 status, they do not like having 2 types of valid visas in your passport.

If she is lucky, nothing will happen and she will join you without any issues. I am just telling you the possibilities.

2) I am planning to renew my TN at POE to be on status from 09/07 to 10/01. Is this ok?

-- Yes.

3) I was grilled at POE last time for my TN.Suppose my TN is rejected this time during renewal, will I have any issues entering with my H1B on Oct 01? Does TN rejection causes any adverse effects on H1B?

-- Nope.

 

[Raj009]

Thank you Bigboy. You have mentioned a very good point. I am not going to stamp her H4 visa at this time.