TN-TD status to H1-H4 visa switchover??

CanadaIndianGuy

Registered Users (C)
hi all,
Currently me ( Canadian - india born) and my wife ( Fiji Citizen) living in USA on TN-TD status. And, I have got H1-H4 visa approval ( I-797A) documents with me. I see I-94 at the bottom of both these forms. That means, my company had probably filed for COS ( change of status) for us. Now I am flying to Toronto for my Wife's Canada PR purpose at end of Oct 08. And, I want to make sure that we get switched over to H1-H4 while entering back into US.

I have got following questions :
1) While I might have already been switched over to H1 ( being a Canadian) without even being at the border, what about my Non Canadian wife? Does she need to get Consular appointment for h4 visa in Canada?Or she can get H4 stamped on her Fiji passport on airport itself? Pls note, we both have valid I-94 TN-TD status that expires in Apr 09. But,her passport stamping( taken in Fiji Consulate) for TD is already expired.

2) What kind of documents ( job letter, paystubs,experience letters,marriage certi etc.) should we carry for the INS Toronto airport authority, while enetring back into US on H1-h4?

Pls respond to this urgent situation, in case you have any such experience in past.
 

TheRealCanadian

Volunteer Moderator
Does she need to get Consular appointment for h4 visa in Canada?Or she can get H4 stamped on her Fiji passport on airport itself? Pls note, we both have valid I-94 TN-TD status that expires in Apr 09. But,her passport stamping( taken in Fiji Consulate) for TD is already expired.

She was transferred into H4 status if her approval notice has an H-4 I-94 attached to the bottom. However, to re-enter in H-4 status, she will require a consular appointment and the visa in Toronto. She CANNOT get this at the airport.

2) What kind of documents ( job letter, paystubs,experience letters,marriage certi etc.) should we carry for the INS Toronto airport authority, while enetring back into US on H1-h4?

job letter, paystubs and marriage certificate should be fine.
 

CanadaIndianGuy

Registered Users (C)
She was transferred into H4 status if her approval notice has an H-4 I-94 attached to the bottom. However, to re-enter in H-4 status, she will require a consular appointment and the visa in Toronto. She CANNOT get this at the airport. .

RC, thanks for your answer. Now the problem is , I may Not be able to get the US consulate appointment in Toronto within such a short notice ( less than 2 Weeks).

What are my options for her H4 visa now??
Can she still be able to enter into USA based on the TD status, while I am already switchedover to H1?
The Worst scenario is, her TD becomes invalid. What if I apply for her H4 through Mail COS ( change of status) before I leave to Canada on 30th Oct? Would the Airport authority allow her to come to US with me in that case??
Please let me know , what you think I should do?
 

nelsona

Registered Users (C)
She cannot enter US on anything other than H4 (you are already in H1 and she is already in H4), and to do this she MUST get a consular visa in H4.

Your TN is dead, as is her TD.

There is no point submitting another change in status, she is H4, but that only counts while remaining in US

She absolutely needs an H4 visa the next time she enters US. Period.
 

nelsona

Registered Users (C)
So, her choices are to postpone her Cdn PR appointment until she can co-ordinate with the US consulate in canada (or fiji or anywhere else) for an H4 visa, or

go to canada as scheduled and stay there until she gets her H4 visa.

In any event you should be scheduling her H4 appointment TODAY.
 
Last edited by a moderator:

CanadaIndianGuy

Registered Users (C)
So, her choices are to postpone her Cdn PR appointment until she can co-ordinate with the US consulate in canada (or fiji or anywhere else) for an H4 visa, or go to canada as scheduled and stay there until she gets her H4 visa. In any event you should be scheduling her H4 appointment TODAY.
Nelsona,
I recently talked to my Greencard Lawyer and while he very much agrees to what you guys pointed out about the Consulate appointment for her, he also shown me another Option of the AVR ( Automatic Visa Revalidation).
In order to be allowed an entry back into US on H4 visa ( without going for US consulate interview), she needs her Orginal Stamping in Fiji , the previous I-94( obtained thru AVR on Canada Border -TD status) and the Latest I-94 ( that is attached on I-797A H4 Document).

According to him, this option is less Riskier than a Consulate Appointment in Canada. The only Flip side for Canadian consulate interview at the moment is, they might need all the Proper Documentation and it might stop her to get the H4 right away. As she has got important School studies going on, she can Not put a risk of staying few more days in Canada at the moment. According to the Lawyer, INS Airport Authority should be aware about the Auto Revalidation ( AVR ) eligibbility process. In the whole Air travel , I must NOT turn in any of the I-94s while boarding the plane.
 

nelsona

Registered Users (C)
Correction.

AVR indeed will work for change of status. I was unaware of this aspect of AVR; that is why I did not suggect it in the first place.

This is obviously your best option.
 

CanadaIndianGuy

Registered Users (C)
Thank you for your Confirmation message , Nelsona. For the sake of Completion of the AVR information, I am pasting this USCIS Notes sent by my Lawyer.
I hope, this AVR Works out for us while returning from Canada. Also, I am feeling better about my Decision to choose this Lawyer who seems to be Quite Exprienced and knowledgible. while many of the earlier Attorneys discouraged me to start my GC Process while being on TN, he was the One who was Confident of starting the PERM process ( as you guys had advised on this Forum).
Thanks again!

==============

41.112(d) Automatic extension of validity at ports of entry.

41.112(d)(1) Provided that the requirements set out in paragraph (d)(2) of this section are fully met, the following provisions apply to nonimmigrant aliens seeking readmission at ports of entry:

41.112(d)(1)(i) The validity of an expired nonimmigrant visa issued under INA 101(a)(15) may be considered to be automatically extended to the date of application for readmission; and

41.112(d)(1)(ii) In cases where the original nonimmigrant classification of an alien has been changed by DHS to another nonimmigrant classification, the validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission, and the visa may be converted as necessary to that changed classification.

41.112(d)(2) The provisions in paragraph (d)(1) of this section are applicable only in the case of a nonimmigrant alien who:

41.112(d)(2)(i) Is in possession of a Form I-94, Arrival-Departure Record, endorsed by DHS to show an unexpired period of initial admission or extension of stay, or, in the case of a qualified F or J student or exchange visitor or the accompanying spouse or child of such an alien, is in possession of a current Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, or Form IAP-66, Certificate of Eligibility for Exchange Visitor Status, issued by the school the student has been authorized to attend by DHS, or by the sponsor of the exchange program in which the alien has been authorized to participate by DHS, and endorsed by the issuing school official or program sponsor to indicate the period of initial admission or extension of stay authorized by DHS;

41.112(d)(2)(ii) Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory, or, in the case of a student or exchange visitor or accompanying spouse or child meeting the stipulations of paragraph (d)(2)(i) of this section, after an absence not exceeding 30 days in contiguous territory or adjacent islands other than Cuba;

41.112(d)(2)(iii) Has maintained and intends to resume nonimmigrant status;

41.112(d)(2)(iv) Is applying for readmission within the authorized period of initial admission or extension of stay;

41.112(d)(2)(v) Is in possession of a valid passport;

41.112(d)(2)(vi) Does not require authorization for admission under INA 212(d)(3); and

41.112(d)(2)(vii) Has not applied for a new visa while abroad.

41.112(d)(3) The provisions in paragraphs (d)(1) and (d)(2) of this section shall not apply to the nationals of countries identified as supporting terrorism in the Department's annual report to Congress entitled Patterns of Global Terrorism.

=======================
 
Top