TN to H1B or H4

rafiqulahsan

Registered Users (C)
My uncle, and aunt are Canadian citizen.My Aunt has got her labor certifation approved few days ago. She is now ready to file I-140, but her lawyer said her husband needs to change his status from TN (work authorization for Canadian citizen in USA) to H1, or H4 before they can file for I484. They are ready to do any one of this, although they know that with H4 my uncle cannot work in USA. Now they are deciding which one would be convenient over other (faster..so that they can file I-484 ASAP), here are two major questions:

1. Can he file H1B immediately ? Or he has to wait until April 2006 for H1B quota ?
2. If he goes for H4. Since he is a Canadian citizen, is there a faster process to obtain H4 status - for example in the Canada/USA border he can get H4 visa, instead of filing for H4 with INS and wait forever ?

We would appreciate the answers for above two questions.

Thanks
 
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