TN to H4 while in the US

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YukonNew

Registered Users (C)
Hello,

My husband has H1 and I am applying soon for TN.

I know I am supposed to go back to Canada when my TN status expires, but at that time, I may want to stay in the US and convert to H4. I want to avoid going to Canada to switch to H4 at the border because it would be an expensive trip (I live in Louisiana).

1. How long does it take to convert TN to H4 in the US?
2. How early can I apply?
3. Can I ask to have it adjusted for a specific date (ex: My TN ends on October 4, 2007, I send my application in advance but specify that I want to adjust status only on October 5, 2007)?
4. Suppose I am laid off (prepare for the worst, hope for the best) with only one day notice, will I have other options than going back to Canada within 10 days?

Thanks.
 
YukonNew said:
1. How long does it take to convert TN to H4 in the US?
2. How early can I apply?
3. Can I ask to have it adjusted for a specific date (ex: My TN ends on October 4, 2007, I send my application in advance but specify that I want to adjust status only on October 5, 2007)?
4. Suppose I am laid off (prepare for the worst, hope for the best) with only one day notice, will I have other options than going back to Canada within 10 days?
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1.generally the USCIS office will adjudicate the petition in 3 months or less. However, in some cases longer. Nevertheless, it doesn't matter how long it takes because as soon as you file the petition, you are legally entitled to remain in the US until the petition is adjudicated.
2. You can apply as early as you want, but the day that USCIS approves the petition is also the day on which your status will change. So you should wait unless a week before your TN expires.
3.No it will not be adjusted.
4.If you are layed off, then file for H4 immediately. This will keep you in legal status.
 
The other option is to apply to "Extend" your TN via mail. Then you wouldn't need to go to the border, or change your status to H4. You would need to file for the next TN before the current one expires.
 
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