TN visa on expired H4

H

harry.kochhar

New Member
Hi All,
I am a Programmer Analyst on H1B visa in USA since 2008. I got married to a canadian citizen in January 2010. She is in USA with me on H4 visa since our marriage. Our visa expired on 14 september 2010. We already filed our renewals on June 2010 but the status is still Initial Review. My wife has a degree in Accounts from canada and she has started receiving job offers. I am not sure if she can get a TN visa when her H4 visa reneval is still pending. Also, if she can get it, will it be as easy as going to the border and taking a U turn and getting it?

Please help.

Thanks.
 
Yes, it will be as simple as that. She would take her H4 petition as proof of maintaining status.

One big caveat however, is ifshe does not get TN, she cannot re-enter on H4, since your h1 is not yet approved.

In such case it would be best to file I-129 for TN.
 
Hi Nelsona,
Thank you so much for the answer. This is definitely going to help me for the decision.
By I-129, you mean to apply for TN via mail? I thot that takes around 2 months (normal processing).

Thanks.
 
I-129 does take time, but until you get H1, she can't enter US on H4. I would pay the premium and get TN in 2 weeks without leaving US.

Or, pay the premium on YOUR H1 process and get that decided on now, then have her go to the border for TN.
 
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